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United States v. Jacquel Searles
17-11945
| 11th Cir. | Oct 19, 2017
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*1 Before WLLIAM PRYOR, JORDAN and ROSENBAUM, Circuit Judges. PER CURIAM:

Jacquel Searles appeals his conviction for possession of a firearm by a convicted felon. 18 U.S.C. §§ 922(g)(1), 924(a)(2), 924(e). Searles argues that his

Case: 17-11945 Date Filed: 10/19/2017 Page: 2 of 2

trial counsel was ineffective for misadvising him that his prior convictions for burglary would not be used to enhance his sentence under the Armed Career Criminal Act. See id. § 924(e). Because the district court did not have an opportunity to consider this argument and develop a record regarding trial counsel’s performance, we decline to consider Searles’s argument for the first time on direct appeal. See United States v. Puentes-Hurtado , 794 F.3d 1278, 1285 (11th Cir. 2015). Searles can raise his argument in a postconviction motion. See 28 U.S.C. § 2255.

We AFFIRM Searles’s conviction.

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Case Details

Case Name: United States v. Jacquel Searles
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Oct 19, 2017
Docket Number: 17-11945
Court Abbreviation: 11th Cir.
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