United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 18, 2004
Charles R. Fulbruge III
No. 03-40076 Clerk
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RIGOBERTO QUINTANILLA, also known as Rigo Quintanilla,
also known as Bert Quintanilla,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-02-CR-208-1
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for appellant Rigoberto Quintanilla
has moved for leave to withdraw and has filed a brief as required
by Anders v. California, 386 U.S. 738 (1967). Quintanilla has
filed a response and a motion for appointment of new counsel.
Our independent review of the brief and the record discloses
no nonfrivolous issue in this direct appeal. Accordingly, the
motion for leave to withdraw is GRANTED, counsel is excused
from further responsibilities herein, Quintanilla’s motion for
*
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that this opinion should not be published and is not precedent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. 03-40076
-2-
appointment of counsel is DENIED, and the APPEAL IS DISMISSED.
See 5TH CIR. R. 42.2.
Quintanilla’s contention that his previous counsel was
ineffective for not advising him to withdraw his guilty plea is
not sufficiently developed in the record before us. Therefore,
as to that contention only, Quintanilla’s appeal is DISMISS ED
without prejudice to his ability to raise that contention in a
motion pursuant to 28 U.S.C. § 2255. See United States v.
Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987).