PAIGE

v.

UNITED STATES

Citator

Cited By

• United States v. Filemon Sotelo Sanchez, 961 F.2d 1169 (5th Cir. 1992)
  …his point of error and express no opinion thereon. An appellant’s failure to present the issue of ineffective assistance of counsel in the district court precludes our review. United States v. Higdon, 832 F. 2d 312, 314 (5th Cir.1987), cert. denied, 484 U.S. 1075, 108 S.Ct. 1051, 98 L.Ed.2d 1013 (1988) (general rule is that claim of ineffective assistance of counsel should not be heard on direct appeal where claim not first raised in district court). Because Rebeca did not raise the claim below, we decline t…
• United States v. Arnulfo Torres Perez, 918 F.2d 488 (5th Cir. 1990)
  …counsel’s failure to ask the court to make such a finding constituted ineffective assistance of counsel. That issue was not raised before the trial court; we will not consider it. United States v. Higdon, 832 F. 2d 312 (5th Cir.1987), cert. denied, 484 U.S. 1075, 108 S.Ct. 1051, 98 L.Ed.2d 1013 (1988). AFFIRMED.…
• United States v. Sands, 968 F.2d 1058 (10th Cir. 1992)
  …circumstances where the record before us allows for a fair evaluation of the merits of the claim. Beaulieu v. United States, 930 F. 2d 805, 807 (10th Cir.1991). See also United States v. Higdon, 832 F. 2d 312, 313-14 (5th Cir.1987), cert. denied, 484 U.S. 1075, 108 S.Ct. 1051, 98 L.Ed.2d 1013 (1988). He correctly points out, however, that it is his right to seek a new trial as part of the original criminal proceedings (rather than by way of collateral attack) on the grounds of ineffective assistance of…