UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SAMUEL EMEKA NWOKOLO, Defendant-Appellant.
No. 96-10323
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
May 9, 1997
Before KING, JOLLY and DENNIS, Circuit Judges.
Summary Calendar. Appeal from the United States District Court for the Northern District of Texas. USDC No. 3:95-CR-159-D.
Samuel Emeka Nwokolo appeals his conviction following a jury trial for conspiracy to possess with the intent to distribute heroin and possession with the intent to distribute heroin.
Nwokolo cannot demonstrate clear error affecting his substantial rights from the Government‘s questions eliciting answers Nwokolo alleges improperly injected ethnicity into the trial in an attempt to inflame the jury, as he cannot show that
The district court did not err by admitting evidence that was not alleged in the indictment. Nwokolo did not suffer prejudice to his substantial rights as the evidence supported the showing at trial of the existence of only a single conspiracy as alleged in the indictment. See United States v. Jensen, 41 F.3d 946, 956 (5th Cir. 1994).
The record regarding the merits of Nwokolo‘s ineffective assistance-of-counsel claim is not fully developed. Accordingly, this court declines to address it. See United States v. Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987).
Nwokolo has failed to argue his issue that the district court erred by denying his motion to sever. He has also failed to independently argue his issues that he was denied his right to confront the witnesses against him and that there was insufficient evidence to support the verdict. He raised these last issues in an attempt to demonstrate prejudice due to ineffective assistance of counsel. Nwokolo has abandoned these issues through his failure to adequately argue them. Accordingly, this court declines to address them. See United States v. Valdiosera-Godinez, 932 F.2d 1093, 1099 (5th Cir. 1991).
AFFIRMED.