U.S. v. Ayala-Gandaria

Full title: UNITED STATES of America, Plaintiff-Appellee v. Hilario AYALA-GANDARIA…

Court: United States Court of Appeals, Fifth Circuit

Date published: Aug 21, 2007

236 F. App'x 137 (5th Cir. 2007)

Opinion

No. 06-10864 Conference Calendar.

August 21, 2007.

Christy Lee Drake, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Amarillo, TX, Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

Hilario Ayala-Gandaria, Beaumont, TX, pro se.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 2:06-CR-18-ALL.

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

The attorney appointed to represent Hilario Ayala-Gandaria (Ayala) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Ayala has filed a response. The record is insufficiently developed to allow consideration at this time of Ayala's claim of ineffective assistance of counsel. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Our independent review of the record, counsel's brief, and Ayala's response discloses no nonfrivolous issue for appeal. Accordingly, 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.