United States v. Sul

* 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this opinion should not be published and is not precedent except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
November 9, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-51419
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT HUGO SUL,
Defendant-Appellant.
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Appeals from the United States District Court
for the Western District of Texas
USDC No. 5:03-CR-410-ALL
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Robert Hugo Sul (“Sul”) on
appeal has moved for leave to withdraw from this direct appeal
and has filed a brief as required by Anders v. California, 386
U.S. 738 (1967). Sul has filed a response wherein he raises
issues including an allegation of ineffective assistance of trial
counsel. We conclude that the record is insufficiently developed
to allow consideration on direct appeal of Sul’s claims of

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No. 04-51419
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ineffective assistance of counsel. See United States v.
Brewster, 137 F.3d 853, 859 (5th Cir. 1998).
Our independent review of counsel’s brief, the record, and
Sul’s response discloses no nonfrivolous issues for appeal.
Accordingly, the motion for leave to withdraw is GRANTED, counsel
is excused from further responsibilities herein, and the appeal
is DISMISSED without prejudice to Sul’s right to raise his
ineffective assistance of counsel claims in a 28 U.S.C. § 2255
proceeding. See 5TH CIR. R. 42.2.

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