IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-50621 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus IGNACIO HERNANDEZ-AGUILAR, also known as Ignacio Avila-Baltazar, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-97-CR-156-all - - - - - - - - - - June 16, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:* Court-appointed counsel for Ignacio Hernandez-Aguilar has moved to withdraw and filed a brief as required by Anders v. California, 386 U.S. 738 (1967), and we have independently reviewed counsel’s brief, Hernandez-Aguilar’s response, and the record, and we have found no nonfrivolous issue. The record has not been adequately developed for us to consider Hernandez- Aguilar’s claim of ineffective assistance of counsel on direct appeal. See United States v. Haese, 162 F.3d 359, 363-64 (5th * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-50621 -2- Cir. 1998), cert. denied, ___ S. Ct. ___, 1999 WL 241837 (U.S., May 24, 1999). Accordingly, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.