USA v. Morris, No. 07-30657 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-30620 Summary Calendar October 23, 2008 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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