USA v. Fortes

Filing 920071025

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED
No. 05-41012 Conference Calendar
October 25, 2007 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. EDWIN CHARLES FORTES, JR Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:04-CR-86-ALL

Before JOLLY, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Edwin Charles Fortes, Jr., has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Fortes has filed a response. The record is insufficiently developed to allow consideration at this time of Fortes'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

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-41012 brief, and Fortes'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.

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