UNITED STATES v. HALES (2021)

In this out-of-time appeal, which was granted following a 28 U.S.C. § 2255 proceeding, Jack Benny Hales challenges the sentence imposed following his conviction for possessing methamphetamine with intent to distribute. Hales argues that his trial counsel rendered ineffective assistance by failing to object to an offense level enhancement, which was assessed pursuant to U.S.S.G. § 2D1.1(b)(5) (2016) based on a finding that the methamphetamine involved in his offense was imported.

We initially note that the waiver provision in Hales's plea agreement does not bar raising an ineffective assistance claim on appeal. Nonetheless, we are unpersuaded that this is one of those rare cases in which the record is sufficiently developed to allow us to consider an ineffective assistance claim on direct appeal. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). Accordingly, we deny the claim without prejudice to Hales's right to pursue it on collateral review.

AFFIRMED.

FOOTNOTES

FOOTNOTE.  

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.