IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60600
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DERRICK L. BEALS, also known as “D”,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:96-CR-8BS
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August 15, 1997
Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges.
PER CURIAM:*
Derrick Beals argues he received ineffective assistance of
counsel at his sentencing hearing, and that the district court
improperly considered uncharged drug transactions as relevant
conduct under the United States Sentencing Guidelines.
We decline to consider the merits of Beals’ ineffective
assistance of counsel claim because the record is not
sufficiently developed to determine whether the attorney’s
*
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that this opinion should not be published and is not precedent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. 96-60600
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performance was deficient or whether there was a reasonable
probability that, but for the attorney’s conduct, Beals’ sentence
would have been significantly less significant. United States v.
Seyfert, 67 F.3d 544, 547 (5th Cir. 1995); see also United States
v. Thomas, 12 F.3d 1350, 1368 (5th Cir. 1994).
The plea agreement signed by Beals expressly bars his appeal
of the district court’s counting his crack cocaine dealings as
relevant conduct for sentencing purposes. We consider this issue
as waived. United States v. Price, 95 F.3d 364, 367 (5th Cir.
1997).
AFFIRMED.