U.S. Court of Appeals for the Fifth Circuit, 2017

United States v. Kenneth White

United States v. Kenneth White
U.S. Court of Appeals for the Fifth Circuit · Decided March 30, 2017 · Higginson, Jolly, Per Curiam, Southwick
683 F. App'x 330

United States v. Kenneth White

Opinion

PER CURIAM: *

Kenneth Laray White appeals his guilty-plea convictions for use of a facility of interstate commerce in aid of a racketeering enterprise and being a felon in posses *331 sion of a firearm. He asserts that his guilty plea was involuntary because his trial attorney rendered ineffective assistance by, inter alia, misinforming him about the strength of the Government’s case and failing to inform him of exculpatory evidence.

We generally will not consider the merits of an ineffective assistance of counsel claim on direct appeal but will do so only “in rare cases in which the record allows a reviewing court to fairly evaluate the merits of the claim.” United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014) (internal quotation marks and citation omitted). Because the record concerning counsel’s conduct and motivations was not sufficiently developed in the district court, we do not consider the merits of White’s claim. See id.

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *331 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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