Filed: Oct. 23, 2008
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 23, 2008 No. 07-30620 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. KEVIN MORRIS Defendant-Appellant _ 07-30657 _ UNITED STATES OF AMERICA Plaintiff-Appellee v. ANITA D MORRIS Defendant-Appellant Appeals from the United States District Court for the Western District of Louisiana USDC No. 1:06-CR-10030-4 No. 07-30620 c/w 07-30657
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 23, 2008 No. 07-30620 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. KEVIN MORRIS Defendant-Appellant _ 07-30657 _ UNITED STATES OF AMERICA Plaintiff-Appellee v. ANITA D MORRIS Defendant-Appellant Appeals from the United States District Court for the Western District of Louisiana USDC No. 1:06-CR-10030-4 No. 07-30620 c/w 07-30657 B..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 23, 2008
No. 07-30620
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
KEVIN MORRIS
Defendant-Appellant
______________________
07-30657
______________________
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ANITA D MORRIS
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Louisiana
USDC No. 1:06-CR-10030-4
No. 07-30620 c/w 07-30657
Before WIENER, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
In these consolidated appeals, Kevin Morris appeals the sentence imposed
following his conviction for conspiracy to commit financial aid fraud and bank
fraud. Anita D. Morris appeals the sentence imposed following her conviction
for one count of conspiracy to commit financial aid fraud and bank fraud and one
substantive count of bank fraud. Both Kevin and Anita Morris argue that their
trial counsel were ineffective for failing to object to the sentence enhancement
imposed under U.S.S.G. § 2B1.1(b)(8)(D).
The record is not sufficiently developed to evaluate the substance of the
appellants’ claims on direct appeal. Therefore, we decline to address the
ineffective assistance of counsel claims, without prejudice to the appellants’
rights to raise them in a 28 U.S.C. § 2255 motion. See United States v. Cantwell,
470 F.3d 1087, 1091 (5th Cir. 2006).
Accordingly, the judgments of the district court against Kevin Morris and
Anita D. Morris are AFFIRMED.
*
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.
2