IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-20301
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VIDAL BANUELOS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CR-H-94-0242-04
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July 16, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
Vidal Banuelos pleaded guilty to conspiracy to possess with
intent to distribute cocaine. Banuelos agreed in the plea
agreement to waive his right to appeal.
Our review of the record shows that Banuelos knowingly and
voluntarily waived the right to appeal his claims that the
district court misapplied the Sentencing Guidelines in imposing
his sentence. United States v. Melancon, 972 F.2d 566, 568 (5th
Cir. 1992); United States v. Portillo, 18 F.3d 290, 293 (5th
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this opinion should not be published and is not precedent except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.
No. 95-20301
-2-
Cir.), cert. denied, 115 S. Ct. 244 (1994). It is not clear
whether Banuelos has waived his claims of ineffective assistance
of counsel. See United States v. Henderson, 72 F.3d 463, 465
(5th Cir. 1995). However, the record is not sufficiently
developed to address the ineffective-assistance claims on direct
appeal. See United States v. Higdon, 832 F.2d 312, 313-14 (5th
Cir. 1987), cert. denied, 484 U.S. 1075 (1988). The appeal is
DISMISSED WITHOUT PREJUDICE to Banuelos's right to raise the
ineffective-assistance-of-counsel issue in an appropriate
proceeding under 28 U.S.C. § 2255. See United States v. Casel,
995 F.2d 1299, 1307 (5th Cir.), cert. denied, 114 S. Ct. 1368
(1994).
APPEAL DISMISSED.