United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 14, 2005
Charles R. Fulbruge III
Clerk
No. 04-41383
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO LOPEZ, also known as
Jose Perez-Perez, also known as
Marco Antonio Perez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:01-CR-334-ALL
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Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Antonio
Lopez has moved to withdraw and has filed a brief as required by
Anders v. California, 386 U.S. 738 (1967). Lopez has filed a
response to counsel’s motion to withdraw wherein he raises issues
including an allegation of ineffective assistance of counsel.
Our independent review of the brief, Lopez’s response, and
the record discloses no nonfrivolous issues for appeal. We
*
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this opinion should not be published and is not precedent except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. 04-41383
-2-
decline to address Lopez’s allegations of ineffective assistance
of counsel, without prejudice to Lopez’s right to assert such
claims in a motion pursuant to 28 U.S.C. § 2255. See United
States v. Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987).
Accordingly, counsel’s 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.