United States v. Cuellar-Isaguirre ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 28, 2004
Charles R. Fulbruge III
Clerk
No. 03-41683
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELISEO CUELLAR-ISAGUIRRE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CR-278-1
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Before JOLLY, HIGGINBOTHAM, and PICKERING, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Eliseo Cuellar-Isaguirre
(Cuellar) has moved for leave to withdraw and has filed a brief
as required by Anders v. California, 386 U.S. 738 (1967).
Cuellar has filed a response, arguing that his criminal history
was incorrectly calculated, that his base offense level was
improperly enhanced for aggravated felonies despite the absence
of such felonies in his criminal history, and that his trial
*
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this opinion should not be published and is not precedent except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.
No. 03-41683
-2-
attorney provided ineffective assistance by not challenging these
facts at sentencing.
Our independent review of the brief, Cuellar’s response, and
the record discloses no nonfrivolous issue for appeal. To the
extent that Cuellar raises claims of ineffective assistance of
counsel, the record is not adequately developed for us to
consider this issue on appeal. See United States v. Higdon, 832
F.2d 312, 314 (5th Cir. 1987). 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.