United States v. Morales , 225 F. App'x 234 ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 17, 2007
Charles R. Fulbruge III
Clerk
No. 06-50509
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALEJANDRO MORALES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:05-CR-1775-ALL
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Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM:*
Alejandro Morales appeals the 87-month sentence he received
after pleading guilty to possession with intent to distribute
more than five kilograms of cocaine. He contends that his
sentence, which was already below the statutory minimum, would
have been even lower if his trial counsel had adequately
explained to him the necessity for complete truthfulness in his
discussions with the Government.
A claim of ineffective assistance of counsel generally will
not be considered for the first time on direct appeal because
*
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this opinion should not be published and is not precedent except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. 06-50509
-2-
there has not been an opportunity to develop evidence on the
claim. United States v. Lampazianie, 251 F.3d 519, 527 (5th Cir.
2001). The record here has not been sufficiently developed to
permit consideration of Morales’s claim on direct appeal.
Accordingly, without prejudice to Morales’s right to file a
motion pursuant to 28 U.S.C. § 2255, the judgment of the district
court is AFFIRMED.