UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________

No. 99-40317 Summary Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JESUS ALEJANDRO GARCIA,

Defendant-Appellant. _________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas (C-98-CR-291-1) _________________________________________________________________

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,

(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

(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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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,

(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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