No. 99-20085 -1-

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-20085 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GERARDO GUAPI LIZALDA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CR-168-4 -------------------- February 16, 2000

Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Gerardo Guapi Lizalda

has moved for leave to withdraw and has filed a brief as required

by Anders v. California,

(1967). Lizalda has filed

a response to counsel’s motion in which he argues that his trial

counsel was ineffective. The record has not been adequately

developed for us to consider Lizalda’s argument on direct appeal.

See United States v. Haese,

(5th Cir 1998),

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-20085 -2-

cert. denied, ___ S. Ct. ___,

(U.S., May 24,

1999). Our independent review of the brief, the record, and

Lizalda’s response 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.