United States v. Escobar ( 2005 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                 August 11, 2005
    Charles R. Fulbruge III
    Clerk
    No. 03-51357
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    ROBERTO ANTONIO ESCOBAR, SR.,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. EP-97-CR-1002-1-DB
    --------------------
    Before BENAVIDES, DENNIS and OWEN, Circuit Judges.
    PER CURIAM:*
    The attorney appointed to represent Roberto Antonio Escobar,
    Sr., has filed a motion to withdraw and brief pursuant to Anders
    v. California, 
    386 U.S. 738
    , 744 (1967).    Our independent review
    of the record, counsel’s brief, and Escobar’s responses shows
    that there are no nonfrivolous issues for appeal.    The record is
    insufficiently developed to allow consideration on direct appeal
    of Escobar’s ineffective assistance of counsel claims.      See
    United States v. Brewster, 
    137 F.3d 853
    , 859 (5th Cir. 1998).
    *
    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    this opinion should not be published and is not precedent except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. 03-51357
    -2-
    Accordingly, without prejudice to Escobar’s right to file a
    motion pursuant to 28 U.S.C. § 2255, 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.
    

Document Info

Docket Number: 03-51357

Filed Date: 8/11/2005

Precedential Status: Non-Precedential

Modified Date: 4/18/2021