United States v. Juarez-Gonzalez

* 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this opinion should not be published and is not precedent except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
June 22, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-50243
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MIGUEL JUAREZ-GONZALEZ, also known as Miguel Gonzalez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-03-CR-275-3-SS
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Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Miguel Juarez-Gonzalez (Juarez)
has moved for leave to withdraw and has filed a brief pursuant to
Anders v. California, 386 U.S. 738 (1967). Juarez has filed a
response to the motion. Our review of the brief filed by
counsel, Juarez’s response, and the record discloses no
nonfrivolous issue for appeal. We conclude that the record is
insufficiently developed to allow consideration on direct appeal
of Juarez’s claim of ineffective assistance of counsel. See

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No. 04-50243
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United States v. Higdon, 832 F.2d 312, 314 (5th Cir. 1987).
Accordingly, without prejudice to Juarez’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, and
the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Juarez’s motions
for the appointment of counsel and to proceed in forma pauperis
are DENIED.

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