IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50561
(Summary Calendar)
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BENNIE MOSS, also known as
Betty Roberson,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
(USDC No. SA-95-CR-148-9)
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March 14, 1997
Before HIGGINBOTHAM, WIENER and BENAVIDES, Circuit Judges.
PER CURIAM:*
Bennie Walker Moss, a/k/a Betty Roberson, appeals from her
conviction by guilty plea of possession with intent to distribute
more than five grams of cocaine base. Moss contends that the
district court erred by denying her motion to withdraw her guilty
plea.
We have reviewed the record and the briefs of the parties and
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
we find that the district court did not abuse its discretion by
denying Moss’ motion to withdraw her plea. United States v. Carr,
740 F.2d 339, 343-44 (5th Cir. 1984). The record is not
sufficiently developed to properly evaluate Moss’ claim of
ineffective assistance of counsel. Accordingly, we affirm Moss’
conviction and sentence without prejudice to Moss’ right to assert
her ineffective-assistance-of-counsel claims in a 28 U.S.C. § 2255
proceeding.
AFFIRMED.
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