IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-31044
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BILLY C. CALLAWAY,
also known as Chris Callaway,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 96-CR-93-F
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August 15, 1997
Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges.
PER CURIAM:*
Billy C. Callaway appeals his conviction after pleading
guilty to the use of a facility in interstate commerce to
facilitate murders-for-hire. Callaway contends that his guilty
plea was involuntary because defense counsel rendered ineffective
assistance in failing to advise him adequately about the defense
of “manufactured federal jurisdiction.”
*
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that this opinion should not be published and is not precedent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. 96-31044
-2-
We resolve such an issue on direct appeal only when the
record allows us to evaluate fairly its merits. United States v.
Higdon, 832 F.2d 312, 313 (5th Cir. 1987). In the instant case,
the record shows that Callaway would not have qualified for the
asserted defense. See United States v. Clark, 62 F.3d 110, 113-
14 (5th Cir. 1995). Accordingly, counsel was not ineffective for
not advising Callaway about that defense. See Hill v. Lockhart,
474 U.S. 52, 56-57 (1985).
AFFIRMED.