USA v. Guerra-Mendoza, No. 07-50362 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-50362 Summary Calendar February 8, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ISIDRO GUERRA-MENDOZA Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:06-CR-390-ALL Before KING, DAVIS and CLEMENT, Circuit Judges. PER CURIAM:* Counsel appointed to represent Isidro Guerra-Mendoza (Guerra) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Guerra has filed a response and has moved for appointment of new counsel. The record is insufficiently developed to allow consideration at this time of Guerra s claim of ineffective assistance of counsel, see United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006), and his * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50362 motion for appointment of new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). Our independent review of the record, counsel s brief, and Guerra 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. 2

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