United States v. Ospina

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10805 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus OSCAR OSPINA, Defendant-Appellant. -------------------- Appeals from the United States District Court for the Northern District of Texas USDC No. 4:99-CR-26-1-G -------------------- February 16, 2000 Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Oscar Ospina has moved to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Ospina has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue for appeal. The record is not developed sufficiently to reach Ospina’s ineffective assistance claims raised in his separate, pro se notice of appeal. United States v. Navejar, 963 F.2d 732, 735 (5th Cir. 1992). Ospina may raise this issue in a 28 U.S.C. § 2255 proceeding. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-10805 -2- excused from further responsibilities herein, and the APPEAL IS DISMISSED.