United States v. Onayemi

* 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that this opinion should not be published and is not precedent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. 01-20631
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AGBOLADE ADBOLAHAW ONAYEMI,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-595-1
--------------------
February 21, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appointed counsel for Agbolade Adbolahaw Onayemi has
requested leave to withdraw and has filed a brief as required by
Anders v. California, 386 U.S. 738 (1967). Onayemi has responded
to the motion, stating that he does not challenge the argument
that his appeal is frivolous but that he believes he has a valid
ineffective-assistance claim. As he acknowledges, however, this
court will not review such a claim on direct appeal. See United
States v. Gibson, 55 F.3d 173, 179 (5th Cir. 1995); United States
v. Higdon, 832 F.2d 312, 314 (5th Cir. 1987).

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No. 01-20631
-2-
Our independent review of the brief and the record discloses
no nonfrivolous issue for appeal. Counsel’s motion for leave to
withdraw is GRANTED, counsel is excused from further
responsibilities, and the appeal is DISMISSED. 5TH CIR. R. 42.2.
MOTION GRANTED; APPEAL DISMISSED.

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