Howard

MEMORANDUM *

Davonne Lamar Howard (“Howard”) appeals a final judgment of conviction after denial of a motion to suppress on April 5, 2001, a jury verdict of guilt on June 13, 2001, and a denial of a motion in arrest of judgment and for a new trial based on ineffective assistance of counsel. He was convicted under 18 U.S.C. § 922 (g)(1) for being a felon in possession of a firearm, under 21 U.S.C. §§ 841 (a)(1) and (b)(1)(C) for possession with intent to distribute a controlled substance, and under 18 U.S.C. § 922 (k) for possession of a firearm with an obliterated serial number. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . This court has jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Howard first argues that the district court erred in denying his motion in arrest of judgment and for a new trial. He contends that his trial counsel’s failure to move to sever the felon in possession count from the other counts constituted ineffective assistance of counsel warranting a new trial. Although, generally, ineffective assistance of counsel claims should be raised in a collateral proceeding under 28 U.S.C. § 2255 , so that a proper factual record can be…