IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-40495

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

LAMON SANDEL DONNELL,

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:10-CR-65-6

Before JOLLY, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

Lamon Sandel Donnell pleaded guilty to violating 21 U.S.C. § 846 when 

he conspired to possess with the intent to distribute 3, 4-

Methylenedioxymethamphetamine (ecstasy) in violation of 21 U.S.C. 

§ 841(a)(1). The district court sentenced him to 240 months in prison.

The Government has moved for summary affirmance or, alternatively, a 

motion for an extension of time to file an appellate brief. Because summary 

* 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

FILED

February 26, 2014

Lyle W. Cayce

Clerk

 

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No. 13-40495

affirmance is not appropriate in this case, the Government’s motion is 

DENIED. See United States v. Holy Land Found. for Relief and Dev., 445 F.3d 

771, 781 (5th Cir. 2006). However, because Donnell is not entitled to relief, as 

discussed below, we DISPENSE with further briefing. 

In his first assignment of error, Donnell argues that the district court 

was without subject matter jurisdiction, which is a question of law that we 

review de novo. See In re Grand Jury Proceedings, 115 F.3d 1240, 1243 (5th 

Cir. 1997). The language in the superseding indictment returned against 

Donnell tracked the language in § 846 and § 841(a)(1) by stating that Donnell 

and his codefendants violated § 846 when they knowingly and intentionally 

conspired to possess with the intent to distribute ecstasy in violation of 

§ 841(a)(1). Accordingly, the indictment was sufficient to confer subject matter 

jurisdiction on the district court. See United States v. Jackson, 313 F.3d 231, 

233 (5th Cir. 2002). 

Donnell next argues that the district court was without personal 

jurisdiction over him, which is also a question of law that we review de novo. 

Quick Tech., Inc. v. Sage Grp. PLC, 313 F.3d 338, 343 (5th Cir. 2002). Donnell’s 

personal appearance before the district court during his initial appearance 

secured the district court’s personal jurisdiction over him. See United States 

v. Vicars, 467 F.2d 455, 456 (5th Cir. 1972); United States ex rel. Voigt v. 

Toombs, 67 F.2d 744 (5th Cir. 1933). 

In his third assignment of error, Donnell argues that the Assistant 

United States Attorney assigned to his case did not have the authority to 

prosecute him. The United States Attorney shall “prosecute . . . all offenses 

against the United States” within his district. 28 U.S.C. § 547(1). Assistant 

United States Attorneys are appointed by the Attorney General to aid the 

United States Attorney in carrying out his duties. 28 U.S.C. § 542. Donnell 

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No. 13-40495

does not argue that the Assistant United States Attorney assigned to his case 

was not appointed by the United States Attorney or not admitted to practice 

in the Eastern District of Texas. His claim is therefore unavailing.

Finally, Donnell argues that his attorney performed ineffectively by 

inducing him to plead guilty through fraud, deceit, and collusion. The record 

is insufficiently developed to allow consideration at this time of Donnell’s 

ineffective assistance claims; such claims generally “cannot be resolved on 

direct appeal when [they have] not been raised before the district court since 

no opportunity existed to develop the record on the merits of the allegations.” 

United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal 

quotation marks and citation omitted).

AFFIRMED.

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