United States v. Perez

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
December 27, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-11261
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FABIAN EMILIO PEREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:03-CR-424-2-M
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Fabian Emilio Perez has
moved for leave to withdraw and has filed a brief as required by
Anders v. California, 386 U.S. 738 (1967). Perez has responded
to counsel’s motion, raising a claim of ineffective assistance of
counsel. We do not reach the issue of ineffective assistance of
counsel because the record has not been adequately developed to
address this issue. United States v. Miller, 406 F.3d 323, 335-
36 (5th Cir.), cert. denied, 126 S. Ct. 207 (2005).

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No. 04-11261
-2-
Our independent review of the brief filed by counsel,
Perez’s response, and of the record discloses no nonfrivolous
issue for appeal. Counsel’s 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.

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