United States v. Rivera

* 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this opinion should not be published and is not precedent except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
April 18, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-50799
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIAM RAFAEL RIVERA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:03-CR-564-7
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Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent William Rafael Rivera on
appeal has requested leave to withdraw and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). Rivera
has filed a response. Our independent review of the brief,
Rivera’s response, and the record discloses no nonfrivolous issue
for appeal. The record is insufficiently developed to allow
consideration of Rivera’s claims of ineffective assistance of
counsel. See United States v. Higdon, 832 F.2d 312, 313-14 (5th
Cir. 1987). Accordingly, the motion for leave to withdraw is

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No. 05-50799
-2-
GRANTED, counsel is excused from further responsibilities herein,
and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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