UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 99-40317
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS ALEJANDRO GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(C-98-CR-291-1)
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January 4, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
The federal public defender appointed to represent Jesus
Alejandro Garcia has moved for leave to withdraw and has filed a
brief as required by Anders v. California, 386 U.S. 738 (1967).
Garcia has filed a response to counsel’s motion, asserting that the
district court erred by failing to find that he met the
requirements of the “safety valve” provision of 18 U.S.C. § 3553(f)
and U.S.S.G. § 5C1.2; that he was denied his right to allocution;
that he was denied effective assistance of counsel, because counsel
failed to move for a downward departure based on Garcia’s status as
*
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this opinion should not be published and is not precedent except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.
a deportable alien; and that the use at sentencing of statements he
made to a jailhouse informant violated his right to counsel.
The record has not been adequately developed for us to
consider Garcia’s ineffective-assistance-of-counsel argument on
direct appeal. See United States v. Gibson, 55 F.3d 173, 179 (5th
Cir. 1995). Our independent review of the briefs and the record
discloses no nonfrivolous appellate issue. Accordingly, the motion
for leave to withdraw is GRANTED, counsel is excused from further
responsibilities herein, and the appeal is
DISMISSED.
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