United States v. Gonzales-Martinez

* 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this opinion should not be published and is not precedent except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. 05-40937
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CYPRIANO GONZALES-MARTINEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:04-CR-708-2
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Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Cypriano Gonzales-Martinez
(Gonzales) has moved for leave to withdraw from representation
and has filed a brief in accordance with Anders v. California,
386 U.S. 738 (1967). Gonzales has filed several responses. Our
independent review of the record, counsel’s brief, and Gonzales’s
responses shows that there are no nonfrivolous issues for appeal.
Although Gonzales argues in his responses that his counsel was
ineffective for various reasons, the record is insufficiently
developed to allow consideration of these claims on direct

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No. 05-40937
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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. All other outstanding motions are DENIED.
See 5TH CIR. R. 42.2.

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