United States v. Blackmon

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-50751 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BILLY RAY BLACKMON, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. W-94-CR-122-ALL - - - - - - - - - - October 22, 1997 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges. PER CURIAM:* Billy Ray Blackmon appeals his conviction following a jury trial for possession of a firearm by a felon in violation of 18 U.S.C. §§ 922(g)(1), 924(a). Blackmon raises the sole issue that his counsel was ineffective for failing to file a motion to suppress the firearm or to object to the introduction into evidence at trial of the firearm. The court cannot address his ineffective-assistance-of-counsel claim because the record is not sufficiently complete to fairly evaluate the merits of the claim. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 95-50751 -2- See United States v. Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987). The Government’s motion to supplement the record is DENIED. AFFIRMED.