IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 8, 2008
No. 07-50362
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ISIDRO GUERRA-MENDOZA
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:06-CR-390-ALL
Before KING, DAVIS and CLEMENT, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Isidro Guerra-Mendoza (Guerra) has
moved for leave to withdraw and has filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967). Guerra has filed a response and has moved for
appointment of new counsel. The record is insufficiently developed to allow
consideration at this time of Guerra’s claim of ineffective assistance of counsel,
see United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006), and his
*
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should not be published and is not precedent except under the limited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. 07-50362
motion for appointment of new counsel is DENIED. See United States v.
Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). Our independent review of the
record, counsel’s brief, and Guerra’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