United States v. Brady

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41430
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PAT BRADY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-00-CR-205-1
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August 22, 2001
Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.
PER CURIAM:*
Pat Brady appeals his guilty-plea conviction and sentence
for aiding and abetting the possession of more than 50 grams of
methamphetamine with intent to distribute, in violation of 21
U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Brady argues for the first
time on appeal that his trial counsel performed ineffectively by
advising the sentencing court that Brady suffered from “memory
lapses,” apparently caused by his voluntary use of illegal drugs,
while failing to seek a psychiatric examination for Brady to

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No. 00-41430
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determine whether any cognitive shortcomings may have affected
the voluntariness of his guilty plea.
The record has not been adequately developed for this court
to consider Brady’s ineffectiveness claim on direct appeal. See
United States v. Higdon, 832 F.2d 312, 314 (5th Cir. 1987).
Because the record is insufficiently developed, we decline to
address the claim, without prejudice to Brady’s right to raise it
in a proper proceeding pursuant to 28 U.S.C. § 2255. See id.
The conviction and sentence are AFFIRMED.

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