USA v. Terry Irving, No. 15-60072 (5th Cir. 2016)

 Annotate this Case
Download PDF
Case: 15-60072 Document: 00513603609 Page: 1 Date Filed: 07/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-60072 Summary Calendar United States Court of Appeals Fifth Circuit FILED July 21, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. TERRY WAYNE IRVING, also known as Sealed Defendant 1, Defendant-Appellant Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:04-CR-63-1 Before JOLLY, DAVIS, and HIGGINSON, Circuit Judges. PER CURIAM: * Terry Wayne Irving appeals the revocation of his supervised release. He was convicted of possession with intent to distribute cocaine base and sentenced to 120 months of imprisonment and five years of supervised release. His supervised release was revoked after the district court found that he possessed controlled substances and failed to notify his probation officer of his change of address, and he was sentenced to 51 months of imprisonment. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 15-60072 Document: 00513603609 Page: 2 Date Filed: 07/21/2016 No. 15-60072 Irving contends that trial counsel was ineffective for failing to subpoena witnesses to give testimony in his favor at his revocation hearing and challenge the lack of fingerprint or related forensic evidence. We decline to review these claims on direct appeal because the record is not sufficiently developed for us to determine whether trial counsel was ineffective. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). This determination is without prejudice to Irving’s ability to raise his claims in a 28 U.S.C. § 2255 motion. The judgment of the district court is AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.