USA v. Kenneth White


UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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