United States v. Calderon

218 F. App'x 306

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 14, 2007
• Docket: 06-40474
• Status: Unpublished

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Cesar Calderon has moved for leave to withdraw from representation and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Calderon has filed a response. Our independent review of the record, counsel’s brief, and Calderon’s response shows that there are no nonfrivolous issues for appeal. Although Calderon argues in his response that his counsel was ineffective for various reasons, the record is insufficiently developed to allow consideration of these claims on direct appeal. See United States v. Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987).

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. The Government’s motion to dismiss is DENIED as moot.

* Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.