United States v. Garcia

* 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that this opinion should not be published and is not precedent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.
1 386 U.S. 738 (1967).
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10456
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE GARCIA GARCIA, also known as
Jose Garcia-Garcia,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CR-266-21-X
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August 20, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Counsel for Jose Garcia Garcia (“Garcia”) has moved for
leave to withdraw and has filed a brief in accordance with Anders
v. California.1 Our independent review of the record, counsel’s
brief, and Garcia’s pro se response shows that there are no
nonfrivolous issues for appeal. In his response, Garcia argues
inter alia that his counsel was ineffective for failing to raise
Amendment 484 of the Sentencing Guidelines. The record has not
been adequately developed for us to consider this argument on

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No. 01-10456
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direct appeal. See United States v. Rivas, 157 F.3d 364, 369
(5th Cir. 1998).
Accordingly, counsel’s motion for leave to withdraw is
GRANTED, counsel is excused from further responsibilities herein,
and this appeal is DISMISSED. See 5TH CIR. R. 42.2.

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