USA v. Calderon, No. 06-40474 (5th Cir. 2007)

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 14, 2007 Charles R. Fulbruge III Clerk No. 06-40474 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CESAR CALDERON, Defendant-Appellant. -------------------Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:03-CR-170-ALL -------------------Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Cesar Calderon has moved for leave to withdraw from representation and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Calderon has filed a response. Our independent review of the record, counsel s brief, and Calderon s response shows that there are no nonfrivolous issues for appeal. Although Calderon argues in his response that his counsel was ineffective for various reasons, the record is insufficiently developed to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-40474 -2allow consideration of these claims on direct appeal. See United States v. Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987). 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. motion to dismiss is DENIED as moot. The Government s

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