United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 19, 2003
Charles R. Fulbruge III
Clerk
No. 02-41312
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL D. CORNELL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-02-CR-101-1
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Michael D. Cornell appeals his conviction of possession with
intent to distribute three kilograms of cocaine. Cornell argues
that his trial counsel was ineffective because, in questioning
the Government’s agent, counsel opened the door to testimony that
the court earlier had excluded and because counsel helped the
Government’s case by eliciting evidence of the plea negotiations
between Cornell and the Government.
*
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that this opinion should not be published and is not precedent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. 02-41312
-2-
The ineffectiveness claims raised in Cornell’s appeal brief
are different from the claims raised in his new-trial motion in
the district court, and no evidentiary hearing has been held on
his claims. Consequently, the record has not been developed
adequately for this court to consider the ineffective-assistance
claims raised on direct appeal. Cf. United States v. Haese, 162
F.3d 359, 363 (5th Cir. 1998). Cornell’s appeal is DISMISSED
without prejudice to Cornell’s right to raise the instant claims
in a motion to vacate, set aside, or correct sentence pursuant to
28 U.S.C. § 2255.