United States v. Bazile
United States v. Bazile
Opinion
Case: 24-30606 Document: 96-1 Page: 1 Date Filed: 10/03/2025
United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit
No. 24-30606 FILED October 3, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Alphonse Bazile, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:23-CR-34-1 ______________________________ Before Stewart, Graves, and Oldham, Circuit Judges.
Per Curiam: * Alphonse Bazile appeals his conviction for possession of a firearm and ammunition by a convicted felon. He argues that his guilty plea—pursuant to a plea agreement with an appeal waiver—was not knowing, voluntary, and intelligent because he did not receive the effective assistance of counsel.
Bazile’s waiver of appeal specifically reserved the right to bring a claim of _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 24-30606 Document: 96-1 Page: 2 Date Filed: 10/03/2025
No. 24-30606
ineffective assistance of counsel. The Government’s motion for dismissal based on the waiver is therefore DENIED.
The Government’s alternative motion for summary affirmance is also DENIED. However, a review of the record shows that Bazile’s claim of ineffective assistance of counsel was not sufficiently developed in the district court for us to address it on direct appeal. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). Thus, we AFFIRM the judgment of the district court without further briefing, see United States v. Bailey, 924 F.3d 1289, 1290 (5th Cir. 2019), and without prejudice to collateral review, see Isgar, 739 F.3d at 841. The Government’s alternative motion for an extension of time to file a brief, as well as Bazile’s alternative motion for remand for a hearing on ineffective assistance of counsel, are DENIED as unnecessary.
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