United States v. Diaz

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 25, 2007 No. 07-10339 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JAIME VIDALES DIAZ Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:05-CR-40-ALL Before JOLLY, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jaime Vidales Diaz has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Vidales Diaz has filed a response. The record is insufficiently developed to allow consideration at this time of Vidales Diaz’s claim of ineffective assistance of counsel. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Our independent review of the record, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-10339 counsel’s brief, and Vidales Diaz’s response discloses no nonfrivolous issue for appeal. Accordingly, 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. 2