United States v. Covarrubias

136 F. App'x 662

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 22, 2005

Charles R. Fulbruge III Clerk No. 04-11038 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE ANTONIO COVARRUBIAS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 1:03-CR-66-1 --------------------

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Jose Antonio Covarrubias

has moved for leave to withdraw and has filed a brief in

accordance with Anders v. California, 386 U.S. 738 (1967).

Our independent review of the record, counsel’s brief and

supplemental brief, and Covarrubias’s response and supplemental

response shows that there are no nonfrivolous issues for appeal.

The record is insufficiently developed to allow consideration on

direct appeal of Covarrubias’s claim of ineffective assistance of

counsel. See United States v. Higdon, 832 F.2d 312, 314 (5th

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-11038 -2-

Cir. 1987). Accordingly, without prejudice to Covarrubias’s

right to file a motion pursuant to 28 U.S.C. § 2255, the motion

for leave to withdraw is GRANTED, counsel is excused from further

responsibilities herein, and this appeal is DISMISSED. See

5TH CIR. R. 42.2.