United States v. Fernandez

266 F. App'x 361

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 20, 2008
• Docket: 07-20233
• Status: Unpublished

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Ezekiel Fernandez has moved for leave to withdraw 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). Fernandez has filed a response. The record is insufficiently developed to allow consideration at this time of Fernandez’s claims of ineffective assistance of counsel. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir.2006). Our independent review of the record, counsel’s brief, and Fernandez’s response discloses no nonfrivolous issue for appeal. 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.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.