IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-20082
(Summary Calendar)
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN D. GONZALEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(USDC No. H-95-CR-58-1)
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February 19, 1997
Before HIGGINBOTHAM, WIENER and BENAVIDES, Circuit Judges.
PER CURIAM:*
Juan D. Gonzalez appeals his conviction and sentence for
aiding and abetting the possession of heroin in violation of
21 U.S.C. § 841(b)(1)(C). Gonzalez argues that 1) the district
court erred in determining the drug quantity attributable to him as
relevant conduct for sentencing purposes; 2) the district court
erred in enhancing his base offense level for his role in the
offense; 3) the district court abused its discretion in refusing to
*
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that this opinion should not be published and is not precedent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.
allow him to withdraw his guilty plea; and 4) his counsel rendered
ineffective assistance.
The district court did not clearly err in calculating the
quantity of drugs involved for sentencing purposes. See United
States v. Mergerson, 4 F.3d 337, 345 (5th Cir. 1993), cert. denied,
510 U.S. 1198 (1994). The district court did not clearly err in
finding that Gonzalez played an aggravating role in the offense
pursuant to U.S.S.G. § 3B1.1(c). United States v. Narvaez, 38 F.3d
162, 166 (5th Cir. 1994), cert. denied, 115 S. Ct. 1803 (1995).
The district court did not abuse its discretion in denying
Gonzalez’s motion to withdraw his guilty plea. United States v.
Bounds, 943 F.2d 541, 543 (5th Cir. 1991). Because the record is
not developed on the merits of Gonzalez’s ineffective-assistance-
of-counsel claim, this court declines to address it. United States
v. Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987), cert. denied, 484
U.S. 1075 (1988).
AFFIRMED.
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