United States v. Farquhar

                     IN THE UNITED STATES COURT OF APPEALS
                             FOR THE FIFTH CIRCUIT



                                       No. 98-10428
                                     Summary Calendar



UNITED STATES OF AMERICA,

                                                            Plaintiff-Appellee,

versus

GEORGE D. FARQUHAR, III,

                                                            Defendant-Appellant.

                                - ---------
               Appeal from the United States District Court
                    for the Northern District of Texas
                    USDC No. 3:97-CR-64-X & 3:97-CR-35
                                - ---------

                                     January 19, 1999

Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.

PER CURIAM:*

       George Farquhar appeals his convictions for failure to appear

at sentencing hearings, 18 U.S.C. § 3146(a)(1). He contends that the

district court erred in denying his motion for a pre-sentence study

or mental examination to determine his mental competency.                               He also

contends, in the event that this court finds that the district

court did not err in denying his motion, that his counsel’s failure

to investigate, develop, and present evidence relevant to his

motion for a pre-sentence study or mental examination denied him

effective assistance of counsel.


  *
   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 R. 47.5, the court has determined that this opinion should not be published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.
       We have reviewed the record and the briefs of the parties and conclude that the district

court did not abuse its discretion in denying Farquhar’s motion for a pre-sentence

study or mental examination under 18 U.S.C. §§ 3006A, 3552(b) and

(c), 4241(a), and 4244 because Farquhar failed to make the requisite showing of

r a o a l c u e t b l e e t a h w s i c m e e t t s a d t i l See United States v. Will a s
 esnbe as o eiv ht e a noptn o tn ra.                                                  im,

998 F.2d 258, 264-67 (5th Cir. 1993). Furthermore, Farquhar’s ineffective assistance of counsel

claim cannot be litigated on direct appeal because he did not adequately raise it in the district

court. United States v. Gibson, 55 F.3d 173, 179 (5th Cir. 1995); United States v.

Higdon, 832 F.2d 312, 314 (5th Cir. 1987).                      Farquhar may raise his

ineffective assistance of counsel in a 28 U.S.C. § 2255 motion; if

he requires counsel to assist in the preparation of the § 2255

motion, Farquhar may make that request to the district court.

       The judgment of the district court is AFFIRMED.




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