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United States v. John T. Millwood

UNITED STATES of America, Plaintiff-Appellee, v. John T. MILLWOOD, Defendant-Appellant

United States v. Millwood, 961 F.2d 194 (11th Cir. 1992)
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Court
Court of Appeals for the Eleventh Circuit · U.S. Courts of Appeals
Decided
May 14, 1992
Docket
No. 91-8295
Judges
Tjoflat, Hatchett, Dubina
Citations
961 F.2d 1941992 WL 849181992 U.S. App. LEXIS 10420
Summary
Non-Argument Calendar.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Per Curiam

PER CURIAM:

Appellant appeals the sentence he received in the district court for conspiracy to manufacture methamphetamine, 21 U.S.C. § 846 (1988). He assigns three points of error, none of which was raised in the district court; he also claims that the trial attorney failed to render him effective assistance of counsel. With respect to this latter claim, we do not consider ineffective counsel claims on direct appeal from a conviction.

See, e.g., United States v. Griffin, 699 F.2d 1102, 1107-09 (11th Cir.1983). The same policy logically should apply to direct appeals from sentences; thus, we refuse to consider appellant’s ineffective assistance claim at this time. Whether counsél rendered ineffective assistance should be determined in the first instance by the district court on a fully developed evidentiary record. Once such a determination has been made, we will review it.

In United States v. Jones, 899 F.2d 1097 (11th Cir.), cert. denied, — U.S.-, 111 S.Ct. 275 , 112 L.Ed.2d 230 (1990), in the exercise of our supervisory power, we directed the district courts, after imposing sentence, to elicit the parties’ objections, if any, to the sentence. We did this to facilitate appellate review, and moreover, to enable the district court to correct on the spot any error that may have occurred in reaching the sentence and thus, perhaps, to render an appeal unnecessary. In this case, the district court failed to elicit the parties’ objections; hence, they are presented to us for the first time. The district court, as we said in Jones , should pass on them first. We therefore vacate appellant's sentence and remand the case for further proceedings.

VACATED and REMANDED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

1997: 12011: 12024: 12025: 119972026peak 1997 · 1

Relies on it most ⓘ

  1. United States v. Hill643 F.3d 807 (11th Cir. 2011)
  2. Rivera v. Singletary120 F.3d 273 (11th Cir. 1997)
  3. Fisher v. United StatesNo. 8:23-cv-00652 (M.D. Fla. Aug. 29, 2024)
  4. United States v. Karijmah Tremaine MosleyNo. 23-13849 (11th Cir. Feb. 11, 2025)

Most recent

  1. United States v. Karijmah Tremaine MosleyNo. 23-13849 (11th Cir. Feb. 11, 2025)
  2. Fisher v. United StatesNo. 8:23-cv-00652 (M.D. Fla. Aug. 29, 2024)
  3. United States v. Hill643 F.3d 807 (11th Cir. 2011)
  4. Rivera v. Singletary120 F.3d 273 (11th Cir. 1997)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
United States v. Jones, 899 F.2d 1097 (11th Cir. 1990) 270
Sylvester v. United States, 498 U.S. 906 (1990) 89
United States v. Griffin, 699 F.2d 1102 (11th Cir. 1983) 63

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