United States v. Calderon

* 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this opinion should not be published and is not precedent except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
February 14, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40474
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CESAR CALDERON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:03-CR-170-ALL
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Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Cesar
Calderon has moved for leave to withdraw from representation and
has filed a brief in accordance with Anders v. California, 386
U.S. 738 (1967). Calderon has filed a response. Our independent
review of the record, counsel’s brief, and Calderon’s response
shows that there are no nonfrivolous issues for appeal. Although
Calderon argues in his response that his counsel was ineffective
for various reasons, the record is insufficiently developed to

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No. 06-40474
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allow consideration of these claims 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 the
APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. The Government’s
motion to dismiss is DENIED as moot.

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