United States v. Mindiola

* 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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 1, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40811
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-
Appellee,
versus
RICHARD R. MINDIOLA; WILLIAM BEDFORD,
Defendants-
Appellants.
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Appeals from the United States District Court
for the Eastern District of Texas
USDC No. 9:04-CR-24-4
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Before DeMOSS, STEWART and PRADO, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Richard R. Mindiola has moved for leave
to withdraw from representation and has filed a brief in accordance with Anders v. California, 386
U.S. 738 (1967). Mindiola has not responded to counsel’s motion and brief. Our independent review
of the record and counsel’s brief shows that there are no nonfrivolous issues for appeal.

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-2-
Although counselnotes a possible ineffective assistance of counselclaim, as counsel concedes,
the record is insufficiently developed to allow consideration of this claim on direct appeal. See United
States v. Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987). 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.

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