United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 22, 2005
Charles R. Fulbruge III
Clerk
No. 04-11038
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ANTONIO COVARRUBIAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:03-CR-66-1
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Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Jose Antonio Covarrubias
has moved for leave to withdraw and has filed a brief in
accordance with Anders v. California, 386 U.S. 738 (1967).
Our independent review of the record, counsel’s brief and
supplemental brief, and Covarrubias’s response and supplemental
response shows that there are no nonfrivolous issues for appeal.
The record is insufficiently developed to allow consideration on
direct appeal of Covarrubias’s claim of ineffective assistance of
counsel. See United States v. Higdon, 832 F.2d 312, 314 (5th
*
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this opinion should not be published and is not precedent except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. 04-11038
-2-
Cir. 1987). Accordingly, without prejudice to Covarrubias’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 this appeal is DISMISSED. See
5TH CIR. R. 42.2.