United States v. Lopez

169 F. App'x 331

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 24, 2006
• Docket: 04-40665
• Status: Unpublished

Opinion

PER CURIAM: *

The attorney appointed to represent Ignacio Engunzo Lopez, Jr., has requested leave 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). Lopez has filed a response challenging his sentence and asserting ineffective assistance of counsel.

Our independent review of the brief, Lopez’s response, and the record discloses no nonfrivolous issues for appeal. We conclude that the record is insufficiently developed to allow consideration on direct appeal of Lopez’s claim of ineffective assistance of counsel. See United States v. Brewster, 137 F.3d 853, 859 (5th Cir.1998). Accordingly, without prejudice to Lopez’s right to file a motion pursuant to 28 U.S.C. § 2255, 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.