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United States v. Kenneth White
683 F. App'x 330
5th Cir.
2017
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Docket

*1 Before JOLLY, SOUTHWICK, and HIGGINSON, Circuit Judges.

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 possession 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.

*2 Case: 16-10046 Document: 00513933696 Page: 2 Date Filed: 03/30/2017

No. 16-10046

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.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Kenneth White
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Mar 30, 2017
Citation: 683 F. App'x 330
Docket Number: 16-10046 Summary Calendar
Court Abbreviation: 5th Cir.
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