United States v. Garza, 340 F. App'x 243 (5th Cir. 2009). · Go Syfert
United States v. Garza, 340 F. App'x 243 (5th Cir. 2009). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Jackson v. United States (moed, 2022-09-06)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Jackson v. United States
E.D. Mo. · 2022 · confidence medium
To the extent Movant alleges ineffective assistance of counsel to circumvent the waiver in his Plea Agreement, his claim fails under the first prong of the Strickland test, as “counsel [is] not required to make meritless objections under then-existing precedent, anticipate changes in the law, or raise every potentially meritorious claim.” United States v. Garza, 340 F. App’x 243, 244-45 (5th Cir. 2009) (per curiam); see Ragland v. United States, 756 F.3d 597, 601 (8th Cir. 2014) (counsel’s failure to anticipate a change in the law does not constitute ineffective assistance); Brown v. U…
discussed Cited as authority (rule) Harrison v. United States
E.D. Mo. · 2021 · confidence medium
To the extent Petitioner alleges ineffective assistance of counsel to circumvent the waiver in his Plea Agreement, his claim fails under the first prong of the Strickland test, as “counsel [is] not required to make meritless objections under then-existing precedent, anticipate changes in the law, or raise every potentially meritorious claim.” United States v. Garza, 340 Fed.Appx. 243, 244-45 (5th Cir. 2009) (per curiam); Parker v. Bowersox, 188 F.3d 923, 929 (8th Cir. 1999) (not ineffective assistance of counsel to “fail[ ] to anticipate a change in the law”); United States v. Doe, 810…
discussed Cited as authority (rule) Beck v. United States
E.D. Mo. · 2020 · confidence medium
To the extent Beck would allege ineffective assistance of counsel to circumvent the waiver in the Agreement, his claim, however, would fail under the first prong of the Strickland test, as “counsel [is] not required to make meritless objections under then-existing precedent, anticipate changes in the law, or raise every potentially meritorious claim.” United States v. Garza, 340 Fed.Appx. 243, 244-45 (5th Cir. 2009) (per curiam); Parker v. Bowersox, 188 F.3d 923, 929 (8th Cir. 1999) (not ineffective assistance of counsel to “fail[] to anticipate a change in the law”); United States v. …
discussed Cited as authority (rule) Ramsey v. United States
E.D. Mo. · 2020 · confidence medium
To the extent Petitioner would allege ineffective assistance of counsel to circumvent the waiver in the Agreement, his claim, however, would fail under the first prong of the Strickland test, as “counsel [is] not required to make meritless objections under then-existing precedent, anticipate changes in the law, or raise every potentially meritorious claim.” United States v. Garza, 340 Fed.Appx. 243, 244-45 (5th Cir. 2009) (per curiam); Parker v. Bowersox, 188 F.3d 923, 929 (8th Cir. 1999) (not ineffective assistance of counsel to “fail[] to anticipate a change in the law”); United Stat…
discussed Cited "see, e.g." United States v. David Scruggs
5th Cir. · 2012 · signal: see, e.g. · confidence medium
And we decline to address those claims that Lackey has raised for the first time on appeal because those issues are deemed waived.” (citation omitted)); see, e.g., United States v. Garza, 340 F. App’x 243, 245 (5th Cir. 2009) (per curiam) (unpublished) (“To the extent that Garza raises other arguments not included within the scope of our order granting the certificate of appealability, we do not consider them.” (citing Neville v. Dretke, 423 F.3d 474, 478 (5th Cir. 2005)); Richardson v. Quarterman, 537 F.3d 466 , 472 n.2 (5th Cir. 2008) (“Because this court granted a COA only on the …
discussed Cited "see, e.g." United States v. David Scruggs
5th Cir. · 2012 · signal: see, e.g. · confidence medium
And we decline to address those claims that Lackey has raised for the first time on appeal because those issues are deemed waived." (citation omitted)); see, e.g., United States v. Garza, 340 Fed.Appx. 243, 245 (5th Cir.2009) (per curiam) (unpublished) ("To the extent that Garza raises other arguments not included within the scope of our order granting the certificate of appealability, we do not consider them.” (citing Neville v. Dretke, 423 F.3d 474, 478 (5th Cir.2005))); Richardson v. Quarter-man, 537 F.3d 466 , 472 n. 2 (5th Cir.2008) (“Because this court granted a COA only on the issue…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellant
v.
Noe Nicolas GARZA, Defendant-Appellee
08-40385.
Court of Appeals for the Fifth Circuit.
Aug 7, 2009.
340 F. App'x 243
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellant., Noe Garza, Bastrop, TX, pro se.
Higginbotham, Clement, Southwick.
Cited by 8 opinions  |  Unpublished
PER CURIAM: *

Noe Nicolas Garza, federal prisoner # 03659-025, pleaded guilty in 2003 to one count of conspiracy to possess with intent to distribute cocaine and was sentenced to 293 months in prison. On appeal, we rejected under plain error review his argument that the district court’s findings of fact violated the Sixth Amendment in light of United States v. Booker. 1 Garza then petitioned for habeas relief, under 28 U.S.C. § 2255, raising claims of ineffective assistance of counsel related to counsel’s conduct at sentencing, including counsel’s failure to preserve Booker error. The district court denied relief. A judge of this court granted Garza a certificate of appeal-ability on one issue: whether counsel’s failure to anticipate the decision in Booker and preserve error by making an objection pursuant to Apprendi v. New Jersey 2 — a failure that relegated Garza to plain error review on appeal — constituted ineffective assistance of counsel. We now affirm the district court’s judgment.

Our recent opinion in United States v. Fields is dispositive. [3] As in Fields, the district court sentenced Garza prior to the Supreme Court’s ruling in Booker. 4 Before Booker our precedent foreclosed application of the Sixth Amendment rule of Apprendi to factual determinations under the Sentencing Guidelines. [5] As Fields reminds, the law in this circuit makes clear that counsel was not required to make[*245] meritless objections under then-existing precedent, [6] anticipate changes in the law, or raise every potentially meritorious claim. [7] Thus, as we held in Fields, Garza’s counsel did not render constitutionally ineffective assistance by failing to anticipate Booker’s application of Apprendi to the Sentencing Guidelines and the resulting “sea-change” in sentencing. [8] To the extent that Garza raises other arguments not included within the scope of our order granting the certificate of appealability, we do not consider them. [9] Judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

3

. 565 F.3d 290, 293-97 (5th Cir.2009).

5

. See Fields, 565 F.3d at 295; United States v. Randle, 304 F.3d 373, 378 (5th Cir.2002).

9

.See Neville v. Dretke, 423 F.3d 474, 478 (5th Cir.2005).