IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10187
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BOBBY ERVIN, a/k/a Luv, a/k/a Little Bobby,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:95-CR-252-X
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December 10, 1996
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Bobby Ervin has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). Our
independent review of the brief, Ervin’s response to the brief,
and the record discloses no nonfrivolous issue. Accordingly,
counsel is excused from further responsibilities herein and the
APPEAL IS DISMISSED. Ervin’s contention that counsel was
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-10187
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ineffective for failing to object to a two-level upward
adjustment to his offense level is not sufficiently developed in
the record before us; as to that contention only, Ervin’s appeal
is DISMISSED without prejudice to Ervin’s ability to raise that
contention in a motion pursuant to 28 U.S.C. § 2255. See United
States v. Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987), cert.
denied, 484 U.S. 1075 (1988).