United States v. Palacios ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50191
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JESSE MANUEL PALACIOS, JR
Defendant - Appellant
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-98-CR-133-1
--------------------
March 1, 2001
Before KING, Chief Judge, and JONES and STEWART, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Jesse Manuel Palacios,
Jr., has moved for leave to withdraw and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). Palacios
has received a copy of counsel’s motion and brief, and, in
response, has filed a motion for appointment of new appellate
counsel. To the extent that Palacios is attempting to raise
ineffective-assistance-of-counsel claims, we pretermit
consideration of those claims because the record is not
adequately developed for appellate review. United States v.
*
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that this opinion should not be published and is not precedent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. 00-50191
-2-
Chavez-Valencia, 116 F.3d 127, 133-34 (5th Cir. 1997). Our
independent review of counsel’s brief, Palacios’ motion, and the
record discloses no nonfrivolous issue. 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. Further, Palacios’ motion for appointment of new
appellate counsel is DENIED. See Fifth Circuit Plan under the
Criminal Justice Act, §§ 2, 3.