U.S. Court of Appeals for the Fifth Circuit, 2025

United States v. Houston

United States v. Houston
U.S. Court of Appeals for the Fifth Circuit · Decided November 24, 2025

United States v. Houston

Opinion

Case: 25-10307 Document: 75-1 Page: 1 Date Filed: 11/24/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-10307 Summary Calendar FILED ____________ November 24, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Lemarcus Houston, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:24-CR-167-1 ______________________________ Before Stewart, Graves, and Oldham, Circuit Judges.

Per Curiam: * Lemarcus Houston appeals his guilty plea conviction for conspiracy to possess a mixture and substance containing a detectable amount of methamphetamine with intent to distribute. Houston contends that his trial counsel was ineffective for not filing a motion to dismiss or quash the criminal complaint.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-10307 Document: 75-1 Page: 2 Date Filed: 11/24/2025

No. 25-10307

Houston did not assert a claim of ineffective assistance in the district court, and the record is not sufficiently developed to enable us to make a fair evaluation of such a claim on direct appeal. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). Therefore, we decline to consider Houston’s claim without prejudice to his right to seek collateral review in an appropriate proceeding. See id. Accordingly, the judgment of the district court is AFFIRMED. The Government’s motion to dismiss the appeal is DENIED.

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