IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-41231
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ISMAEL MICHAEL GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-87-CR-293
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September 10, 1997
Before DUHE’, DeMOSS and DENNIS, Circuit Judges.
PER CURIAM:*
Defendant-appellant Ismael Michael Garcia appeals his
convictions for conspiracy to possess with intent to distribute
approximately 46 kilograms of marijuana, in violation of 21
U.S.C. § 846. Garcia has not demonstrated that the district
court committed plain error in refusing to admit hearsay
testimony regarding a statement allegedly made by one of Garcia’s
coconspirators. See United States v. Calverley, 37 F.3d 160,
* 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that this opinion should not be published and is not precedent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.
No. 96-41231
-2-
162-64 (5th Cir. 1994); United States v. Humphrey, 104 F.3d 65,
70 (5th Cir.), cert. denied, 117 S. Ct. 1833 (1997). Garcia’s
claim that his trial attorney performed ineffectively by failing
to cite a proper hearsay exception to justify the admission of
the excluded testimony was not raised before the district court,
and the record is not sufficiently developed to permit resolution
of the claim. Accordingly, this court declines to address the
claim at this time. See United States v. Andrews, 22 F.3d 1328,
1345 (5th Cir. 1994).
AFFIRMED.