United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT November 4, 2005
Charles R. Fulbruge III
Clerk
No. 03-10459
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ADAN GUZMAN,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Texas
(4:02-CR-00210-2)
Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Adan Guzman has moved for leave
to withdraw and has filed a brief as required by Anders v.
California, 386 U.S. 738 (1967). Guzman has filed a response.
Our independent review of the briefs, Guzman’s response, and
the record discloses no nonfrivolous issue for appeal. On the
other hand, the record is insufficiently developed to permit
consideration on direct appeal of the ineffective-assistance-of-
counsel claim (IAC claim) possibly raised in Guzman’s response.
*
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this opinion should not be published and is not precedent except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.
See United States v. Higdon, 832 F.2d 312, 314 (5th Cir. 1987),
cert. denied, 484 U.S. 1075 (1988). Accordingly, without prejudice
to Guzman’s right to file a motion pursuant to 28 U.S.C. § 2255 on
an IAC claim, the motion for leave to withdraw is GRANTED; counsel
is excused from further responsibilities herein; and the appeal is
DISMISSED. See 5TH CIR. R. 42.2. Guzman’s motion to appoint
substitute counsel is DENIED.
2