United States v. Flores , 211 F. App'x 285 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 20, 2006
Charles R. Fulbruge III
Clerk
No. 05-20709
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MANUEL AMANDO FLORES, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-356-3
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Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Manuel Amando Flores,
Jr., has moved for leave to withdraw and has filed a brief in
accordance with Anders v. California, 386 U.S. 738 (1967).
Flores has filed a response in which he argues, inter alia, that
counsel was ineffective for not arguing at sentencing and on
appeal that Flores should receive a sentencing adjustment for his
role in the offense and should not receive a sentencing
adjustment for possession of a firearm. Flores also moves for
the appointment of new counsel or, alternatively, to remand 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this opinion should not be published and is not precedent except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. 05-20709
-2-
case to allow the district court to reconsider its guidelines
rulings. The record is sufficiently developed to allow
consideration of Flores’s claims of ineffectiveness. See United
States v. Higdon, 832 F.2d 312, 314 (5th Cir. 1987).
Our independent review of the record, counsel’s brief, and
Flores’s response shows that there are no nonfrivolous issues for
appeal. Accordingly, the motion for leave to withdraw is
GRANTED, counsel is excused from further responsibilities herein,
and this appeal is DISMISSED. See 5TH CIR. R. 42.2. All other
outstanding motions are DENIED.