What is the test for dismissing a claim of ineffective assistance of counsel?

MultiRegion, United States of America

The following excerpt is from United States v. Aponte, No. 14-1633-cr (2nd Cir. 2016):

1. To the extent Aponte seeks to preserve a claim of ineffective assistance of counsel, we decline to address it on this record, consistent with our preference for hearing such claims on collateral review. See Massaro v. United States, 538 U.S. 500, 504 (2003). Accordingly, we dismiss that claim without prejudice to Aponte presenting it on a 28 U.S.C. 2255 petition if he so chooses.

2. Aponte does not challenge the district court's preponderance finding on appeal.

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