Did the Fifth Circuit fail to follow its own law and that of other circuits when it dismissed Mr. McAfee's appeal alleging ineffective assistance because of the government's claim that the record was insufficient to give counsel a chance to advance possible strategic reasons for his failures where there could be no valid reasons for failing to specifically object?

QUESTION PRESENTED FOR REVIEW I. DID THE FIFTH CIRCUIT FAIL TO FOLLOW ITS OWN LAW AND THAT OF OTHER CIRCUITS WHEN IT DISMISSED MR. MCAFEE’S APPEAL ALLEGING INEFFECTIVE ASSISTANCE BECAUSE OF THE GOVERNMENT’S CLAIM THAT THE RECORD WAS INSUFFICIENT TO GIVE COUNSEL A CHANCE TO ADVANCE POSSIBLE STRATEGIC REASONS FOR HIS FAILURES WHERE THERE COULD BE NO VALID REASONS FOR FAILING TO SPECIFICALLY OBJECT. LIST OF ALL PARTIES The undersigned counsel of record certifies that all