IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-21131
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
BILLY GREEN, also known as Billy Dickerson
Defendant-Appellant
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-120-ALL
--------------------
October 16, 2000
Before KING, Chief Judge, and JONES and STEWART, Circuit Judges.
PER CURIAM:*
Billy Green appeals his guilty-plea conviction and sentence
for being a felon in possession of a firearm in violation of 18
U.S.C. § 922(g)(1). Green argues that the district court erred
in determining that he was in possession of cocaine and in
possession of more than three firearms. A review of the record
as a whole reveals that the district court did not commit clear
*
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that this opinion should not be published and is not precedent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. 99-21131
-2-
error in making this factual determination. See United States v.
Flucas, 99 F.3d 177, 178 (5th Cir. 1996). Therefore, the
sentence imposed by the district court is AFFIRMED.
Green also argues that he received ineffective assistance of
counsel. A claim of ineffective assistance of counsel cannot be
resolved on direct appeal when the claim has not first been
raised in the district court. United States v. Bounds, 943 F.2d
541, 544 (5th Cir. 1991). Because the district court did not
make any factual findings regarding the allegations of
ineffective assistance, an analysis of these claims would require
speculation by this court as to the reasons for the attorneys’
alleged acts and omissions. See United States v. Kizzee, 150
F.3d 497, 503 (5th Cir. 1998). We therefore decline to reach the
merits of Green’s ineffective assistance of counsel claim,
preserving Green’s right to present this matter to the district
court via a motion under 28 U.S.C. § 2255. See United States v.
Henderson, 72 F.3d 463, 465 (5th Cir. 1995).
AFFIRMED.