IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20843
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN LOCKETT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-97-CR-13-1
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August 18, 1998
Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
John Lockett appeals his convictions for conspiracy to
possess with intent to deliver cocaine and two counts of aiding
and abetting with intent to distribute cocaine. He contends
solely that his trial counsel was ineffective for failing to
object pursuant to Fed. R. Evid. 404(b) to certain testimony
regarding Lockett’s involvement with selling drugs.
Lockett’s ineffective assistance claim was not raised before
the district court, and the record is thus inadequate for this
court to assess the merits of his claim on direct appeal.
*
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that this opinion should not be published and is not precedent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. 97-20843
-2-
Accordingly, we decline to address the merits of Lockett’s
ineffective assistance claim but do so without prejudice to his
right to raise the issue in a proper proceeding pursuant to 28
U.S.C. § 2255. United States v. Delagarza-Villarreal, 141 F.3d
133, 140-41 (5th Cir. 1998). Lockett’s appeal is therefore
without merit. Accordingly, it is DISMISSED. See Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2.
APPEAL DISMISSED.