IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40078
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN GARZA, also known as Juan Garza-Ibarra,
also known as Carlos Garza
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-CR-377-1
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October 8, 2001
Before JOLLY, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Juan
Garza has moved for leave to withdraw and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). Garza has
filed a brief, which is construed as a response to counsel’s
motion to withdraw. Garza argues, inter alia, that his counsel
was ineffective for failure to (1) investigate and prepare for
arraignment and sentencing, (2) object to inaccurate information
in the presentence report, and (3) challenge the legalities of
*
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that this opinion should not be published and is not precedent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. 01-40078
-2-
Garza’s two previous illegal entry convictions. The record has
not been adequately developed for us to consider Garza’s
ineffective assistance arguments on direct appeal. See United
States v. Higdon, 832 F.2d 312, 314 (5th Cir. 1987). Our
independent review of counsel’s brief, Garza’s response, and the
record discloses no nonfrivolous issue. Accordingly, the motion
for leave to withdraw is GRANTED, counsel is excused from further
responsibilities herein, and the APPEAL IS DISMISSED.