United States v. Witham ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 28, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-30640
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BILLY WRAY WITHAM,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 01-CR-30028-ALL
--------------------
Before JONES, STEWART and DENNIS, Circuit Judges:
PER CURIAM:*
Billy Wray Witham was convicted on two counts of drug
felony charges and one enhancement count for two prior drug felony
convictions. Witham received a life sentence. Witham argues
on appeal that his counsel rendered ineffective assistance by
failing to inform him of the mandatory life imprisonment penalty
prescribed by the enhancement count. Witham contends that but for
counsel’s omission, he would have pleaded guilty.
*
Pursuant to 5TH CIR. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
No. 02-30640
-2-
This court generally does not review ineffective-
assistance-of-counsel claims on direct appeal unless such claims
were first raised in district court or the record is adequately
developed to permit review. See United States v. Bounds, 943 F.2d
541, 544 (5th Cir. 1991). The instant claim was not raised in
district court, and the record is not sufficient to warrant our
review in the instant appeal. The instant appeal is therefore
DISMISSED without prejudice to Witham’s right to raise the instant
claims in a motion to vacate, set aside, or correct sentence
pursuant to 28 U.S.C. § 2255.
APPEAL DISMISSED.