IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-10163 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GREGORY BRUCE RALSTON, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:99-CR-232-A -------------------- October 19, 2000 Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:* Appointed counsel for Gregory Bruce Ralston has filed a motion to withdraw and a brief as required by Anders v. California, 386 U.S. 738, 744 (1967). Ralston has responded, asserting that counsel has been ineffective and seeking the appointment of substitute counsel. His ineffective-assistance claims will not be considered in this direct appeal. See United States v. Gibson, 55 F.3d 173, 179 (5th Cir. 1995); United States v. Higdon, 832 F.2d 312, 314 (5th Cir. 1987).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-10163 - 2 - Our independent review of counsel’s brief 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. See 5TH CIR. R. 42.2. Ralston’s motion for the appointment of substitute counsel is DENIED.