Is ineffective assistance of counsel a valid argument in a motion for a new trial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Demers, 992 F.2d 1220 (9th Cir. 1993):

Demers contends the district court erred in denying her motion for a new trial based on ineffective assistance of counsel. An ineffective assistance of counsel argument is more properly raised by collateral attack on the conviction under 28 U.S.C. 2255. United States v. Robinson, 967 F.2d 287, 292 (9th Cir.1992). We may, however, address the merits of an ineffective assistance of counsel claim on direct appeal if "the record is sufficiently complete to allow us to decide the issue." United States v. O'Neal, 910 F.2d 663, 668 (9th Cir.1990).

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