Summary Calendar UNITED STATES OF AMERICA v. Paul Christopher Hicks

* 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should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 8, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-51015
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
PAUL CHRISTOPHER HICKS
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas, Midland
USDC No.7:06-CR-56-ALL
Before KING, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Paul Christopher Hicks appeals his 63-month sentence following his guilty
plea conviction of being a felon in possession of ammunition, in violation of
18 U.S.C. § 922(g)(1). Hicks argues that his counsel was constitutionally
ineffective during sentencing. The Government argues that the claim should
await collateral review or, alternatively, that it is without merit.

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No. 06-51015
2
This court generally will not consider claims of ineffective assistance of
counsel on direct appeal except in those “rare cases where the record allowed
[this court] to evaluate fairly the merits of the claim.” United States v. Higdon,
832 F.2d 312, 313-14 (5th Cir. 1987). We conclude that this is not one of those
cases. Without prejudice to Hicks’ right to file a motion pursuant to 28 U.S.C.
§ 2255, the judgment of the district court is AFFIRMED.

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