USA v. Rodriguez, No. 06-50438 (5th Cir. 2007)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 12, 2007 No. 06-50438 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. AVALINO RODRIGUEZ Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:05-CR-67-8 Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges. PER CURIAM:* The attorney appointed to represent Avalino Rodriguez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Rodriguez has filed a response. The record is insufficiently developed to allow consideration at this time of Rodriguez 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-50438 Rodriguez s response discloses no nonfrivolous issue for appeal. Accordingly, counsel s 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. Rodriguez s request for the appointment of new counsel is DENIED. 2

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