No. 98-10322
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10322
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEVIN WESLEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CR-293-1-G
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May 28, 1999
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Kevin Wesley appeals his guilty-plea conviction and sentence
for possession of cocaine base with intent to distribute and
possession of cocaine with intent to distribute. This court does
not consider Wesley’s claims of sentencing errors as Wesley has
waived his right to contest these errors through his plea
agreement. See United States v. Gaitan, ___ F.3d ___, 1999 WL
160242, *1-*3 (5th Cir. 1999).
To the extent that Wesley argues that his guilty plea was
the result of ineffective assistance of counsel, his appellate
*
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that this opinion should not be published and is not precedent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. 98-10322
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rights are not waived. See United States v. Henderson, 72 F.3d
463, 464-65 (5th Cir. 1995). The record, however, is not
sufficiently developed to allow a ruling on Wesley’s ineffective
assistance of counsel claims on direct appeal. See United States
v. Price, 95 F.3d 364, 369 (5th Cir. 1996). The record also does
not support a finding that the Government breached the plea
agreement by failing to move for a downward departure, failing to
inform the court of the extent of Wesley’s assistance, or failing
to “evaluate” the extent and nature of Wesley’s assistance. See
id. at 368.
AFFIRMED.