Opinion
No. 09-10507 Summary Calendar.
June 11, 2010.
Cody Lee Skipper, U.S. Attorney's Office, Lubbock, TX, for Plaintiff-Appellee.
Arthur Aguilar, Jr., Lubbock, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 1:08-CR-68-7.
Before GARZA, CLEMENT; and OWEN, Circuit Judges.
The attorney appointed to represent Larry Villareal 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). Our independent review of the record and counsel's brief discloses no nonfrivolous issue for appeal. Villareal's response to counsel's motion was untimely; thus, we need not consider it. In any event, Villa-real raises only claims concerning counsel's alleged ineffective assistance in connection with the plea and sentence, but the record is insufficiently developed for `this court to consider that claim. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). 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.