United States v. Balderas

169 F. App'x 335

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 24, 2006
• Docket: 04-51140
• Status: Unpublished

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Julia Ann Balderas has moved to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Balderas has filed a response to counsel’s motion to withdraw. Our independent review of the brief, Balderas’s response, and the record discloses no nonfrivolous issues for appeal. We decline to address any claim of ineffective assistance of counsel, without prejudice to Balderas’s right to assert such claims in a motion pursuant to 28 U.S.C. § 2255. United States v. Higdon, 832 F.2d 312, 314 (5th Cir.1987). Counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities, and the appeal is DISMISSED. See 5th Cir. R. 42.2.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.