USA v. Fernandez

Filing 920080220

Opinion

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

FILED
No. 07-20233 Conference Calendar
February 20, 2008 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. EZEKIEL FERNANDEZ, also known as Falcon Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:06-CR-157-1

Before KING, WIENER, and ELROD, Circuit Judges. 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 (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

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-20233 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.

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