UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 95-40869
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
HILARIO GARZA, III, also known as Lalo
Defendant-Appellant.
Appeal from the United States District Court
For the Southern District of Texas
(C-95-CR-107-01)
March 7, 1997
Before WISDOM, KING, and SMITH, Circuit Judges.
PER CURIAM:*
Garza argues that the district court (1) erred in determining
the drug quantity attributable to him under the sentencing
guidelines; (2) erred in assessing a two-level upward adjustment
for the possession of a firearm during the commission of a drug
trafficking offense; and (3) denied Garza the equal protection of
*
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this opinion should not be published and is not precedent except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.
the laws by applying a two-level upward adjustment to his sentence
while refusing to enhance a co-conspirator’s sentence on the same
grounds. Garza also argues that he had ineffective assistance of
counsel at sentencing.
We have reviewed the record and the briefs of the parties and
find no reversible error. We do not review an assertion of
ineffective assistance of counsel on direct appeal unless the issue
has been presented to the district court; otherwise there is no
opportunity for the development of a record on the merits of the
claim.1 The claim of ineffective assistance of counsel was not
presented to the district court; therefore, we do not address this
issue.
AFFIRMED.
1
United States v. Navejar, 963 F.2d 732, 735 (5th Cir.
1992).
2