United States v. Brosseau ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-11232
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIAM D. BROSSEAU,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:96-CR-315-1-X
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November 17, 1998
Before EMILIO M .GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
William D. Brosseau appeals his sentence for fraudulently
selling securities in interstate commerce, in violation of
15 U.S.C. §§ 77q(a), 77x. He contends that his counsel was
ineffective at sentencing and that the district court denied him
a meaningful allocution pursuant to Fed. R. Crim. P. 32(c)(3)(C).
Neither argument has merit. The record is not sufficiently
developed regarding the ineffective-assistance-of-counsel claim,
which is being raised for the first time in this court.
Accordingly, this court will not reach the merits of the claim.
*
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that this opinion should not be published and is not precedent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. 97-11232
-2-
See United States v. Higdon, 832 F.2d 312, 314 (5th Cir. 1987).
As for meaningful allocution, the record shows that Brosseau was
afforded several opportunities to address the court on any matter
of his choice, and he did so at length. The district court did
not deny Brosseau a meaningful allocution. See United States v.
Myers, 150 F.3d 459, 461-62 (5th Cir. 1998).
AFFIRMED.