United States v. Hernandez-Aguilar , 236 F. App'x 121 ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
August 21, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 06-51218
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
IGNACIO HERNANDEZ-AGUILAR, also known as Ignacio Avila-Baltazar
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:97-CR-156-ALL
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Ignacio Hernandez-Aguilar has
moved for leave to withdraw and has filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967). Hernandez-Aguilar has filed a response. The
record is insufficiently developed to allow consideration at this time of
Hernandez-Aguilar’s claim of ineffective assistance of counsel. See United States
v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Our independent review of the
*
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should not be published and is not precedent except under the limited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. 06-51218
record, counsel’s brief, and Hernandez-Aguilar’s response discloses no
nonfrivolous issue for appeal. 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.
2