ROBERT SAMUEL MOORE, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that the issue of inadequate counsel cannot be decided on direct appeal due to insufficient facts in the record. The sufficiency of the evidence claim is without merit.
Appellant was convicted for a violation of the Dyer Act and appealed, primarily arguing inadequate representation of counsel. The issue of counsel was…
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PER CURIAM:
The principal contention in this appeal from appellant’s conviction for a violation of the Dyer Act is that appellant was without adequate representation of counsel. This point was not raised before the district court, and the record does not present sufficient facts for a determination of this question on direct appeal.1 Appellee seeks to supplement the record by submitting affidavits at tached to its brief. Affidavits outside the record, however, may not be considered by this Court. Smith v. United States, 5th Cir.1965, 343 F. 2d 539, 541; Roberts v. United States, 5th Cir.1963, 325 F. 2d 290.
The contention that the evidence was insufficient to warrant submission of the case to the jury is clearly without merit.
The judgment is affirmed, without prejudice to the right of the appellant to present his contention involving representation of counsel by other proceedings available to him. See Tyree v. United States, 5th Cir.1965, 351 F. 2d 611.
. The Court’s consideration of the ease has been unnecessarily complicated by the failure of the Reporter for the District Court to furnish a transcript of the proceedings touching on the appointment of counsel.
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United States v. Griffin, 699 F.2d 1102 (11th Cir. 1983)
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United States v. Prince, 456 F.2d 1070 (5th Cir. 1972)
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United States v. Hunter, 417 F.2d 296 (5th Cir. 1969)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. United States, 343 F.2d 539 (5th Cir. 1965)
- Roberts v. United States, 325 F.2d 290 (5th Cir. 1963)
- Tyree v. United States, 351 F.2d 611 (5th Cir. 1965)