United States v. Diaz

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 19, 2008 No. 07-10910 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. LAZARO TORRES DIAZ, also known as “El Prieto”, also known as “El Negro” Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 6:07-CR-9-1 Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges. PER CURIAM:* The attorney appointed to represent Lazaro Torres Diaz has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Diaz has filed a response. Diaz’s claim of ineffective assistance of counsel on appeal is premature. Our independent review of the record, counsel’s brief, and Diaz’s response discloses no nonfrivolous issue for appeal. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-10910 Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, Diaz’s motion for appointment of counsel is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2