USA v. Napoleon Randall

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Case: 09-50970 Document: 00511196492 Page: 1 Date Filed: 08/06/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 09-50970 S u m m a r y Calendar August 6, 2010 Lyle W. Cayce Clerk U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. N A P O L E O N LAJUAN RANDALL, D e fe n d a n t -A p p e lla n t A p p e a l from the United States District Court fo r the Western District of Texas U S D C No. 1:05-CR-63-2 B e fo r e BARKSDALE, DENNIS, and OWEN, Circuit Judges. P E R CURIAM:* N a p o le o n Lajuan Randall challenges his guilty-plea conviction for attempt t o possess with intent to distribute cocaine, in violation of 21 U.S.C. 841(b)(1)(C). Randall claims his trial counsel was ineffective because: at s e n te n c in g , counsel denied Randall was the drug transaction's financial source, d e s p it e Randall's admission in the factual basis, resulting in the loss of a t h r e e -le v e l acceptance-of-responsibility reduction; and, counsel failed to 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 09-50970 Document: 00511196492 Page: 2 No. 09-50970 Date Filed: 08/06/2010 in v e s t ig a t e the facts of the case and erroneously advised Randall concerning the c h a r g e s against him, causing his guilty plea to be unknowing and involuntary. T h e record is insufficiently developed, however, to allow consideration n o w of Randall's claims of ineffective assistance of counsel; they generally " c a n n o t be resolved on direct appeal when [they have] not been raised before the d is t r ic t court since no opportunity existed to develop the record on the merits of t h e allegations". United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (q u o tin g United States v. Pierce, 959 F.2d 1297, 1301 (5th Cir. 1992)). AFFIRMED. 2

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