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. 04-50382
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROGELIO MURILLO-GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-03-CR-2065-2-DB
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Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Rogelio Murillo-Garcia
has moved for leave to withdraw from this appeal and has filed a
brief as required by Anders v. California, 386 U.S. 738 (1967).
Murillo-Garcia has filed a response wherein he raises issues
including an allegation of ineffective assistance of trial
counsel.
Our independent review of the brief, the record, and
Murillo-Garcia’s response discloses no nonfrivolous issue 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this opinion should not be published and is not precedent except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. 04-50382
-2-
appeal. We decline to address Murillo-Garcia’s claim of
ineffective assistance of counsel, without prejudice to Murillo-
Garcia’s right to assert such claims in a motion pursuant to 28
U.S.C. § 2255. See United States v. Brewster, 137 F.3d 853, 859
(5th Cir. 1998). 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.