United States v. Escobar

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 11, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-51357
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERTO ANTONIO ESCOBAR, SR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-97-CR-1002-1-DB
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Before BENAVIDES, DENNIS and OWEN, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Roberto Antonio Escobar,
Sr., has filed a motion to withdraw and brief pursuant to Anders
v. California, 386 U.S. 738, 744 (1967). Our independent review
of the record, counsel’s brief, and Escobar’s responses shows
that there are no nonfrivolous issues for appeal. The record is
insufficiently developed to allow consideration on direct appeal
of Escobar’s ineffective assistance of counsel claims. See
United States v. Brewster, 137 F.3d 853, 859 (5th Cir. 1998).

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No. 03-51357
-2-
Accordingly, without prejudice to Escobar’s right to file a
motion pursuant to 28 U.S.C. § 2255, 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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