USA v. Kenneth White

Filing

UNPUBLISHED OPINION FILED. [16-10046 Affirmed] Judge: EGJ, Judge: LHS, Judge: SAH. Mandate pull date is 04/20/2017 for Appellant Kenneth Laray White [16-10046]

Case: 16-10046

Document: 00513933696

Page: 1

Date Filed: 03/30/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10046
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
March 30, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
KENNETH LARAY WHITE, also known as Jayquan,

Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 3:14-CR-78-1
Before JOLLY, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Kenneth Laray White appeals his guilty-plea convictions for use of a
facility of interstate commerce in aid of a racketeering enterprise and being a
felon in possession of a firearm. He asserts that his guilty plea was involuntary
because his trial attorney rendered ineffective assistance by, inter alia,
misinforming him about the strength of the Government’s case and failing to
inform him of exculpatory evidence.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10046

Document: 00513933696

Page: 2

Date Filed: 03/30/2017

No. 16-10046
We generally will not consider the merits of an ineffective assistance of
counsel claim on direct appeal but will do so only “in rare cases in which the
record allows a reviewing court to fairly evaluate the merits of the claim.”
United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014) (internal quotation
marks and citation omitted). Because the record concerning counsel’s conduct
and motivations was not sufficiently developed in the district court, we do not
consider the merits of White’s claim. See id.
AFFIRMED.

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