United States v. Balderas , 169 F. App'x 335 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 24, 2006
Charles R. Fulbruge III
Clerk
No. 04-51140
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JULIA ANN BALDERAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:02-CR-32-1-AML
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Julia Ann
Balderas has moved to withdraw and has filed a brief as required
by Anders v. California, 386 U.S. 738 (1967). Balderas has filed
a response to counsel’s motion to withdraw. Our independent
review of the brief, Balderas’s response, and the record
discloses no nonfrivolous issues for appeal. We decline to
address any claim of ineffective assistance of counsel, without
prejudice to Balderas’s right to assert such claims in a motion
*
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this opinion should not be published and is not precedent except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. 04-51140
-2-
pursuant to 28 U.S.C. § 2255. United States v. Higdon, 832 F.2d
312, 314 (5th Cir. 1987). Counsel’s motion for leave to withdraw
is GRANTED, counsel is excused from further responsibilities, and
the appeal is DISMISSED. See 5TH CIR. R. 42.2.