United States v. Alarcon-Tapia

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 12, 2007
No. 06-51482
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ANDRES ALARCON-TAPIA, also known as Andres Alarcon
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:97-CR-269-ALL
Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Andres Alarcon-Tapia has moved for
leave to withdraw and has filed a brief in accordance with Anders v. California,
386 U.S. 738 (1967). Alarcon-Tapia has filed a response. The record is
insufficiently developed to allow consideration at this time of Alarcon-Tapia’s
claims of ineffective assistance of counsel. See United States v. Cantwell, 470
F.3d 1087, 1091 (5th Cir. 2006). Alarcon-Tapia’s requests for an evidentiary
*
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should not be published and is not precedent except under the limited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. 06-51482
hearing, for new counsel, for a new trial, and to file a supplemental response to
counsel’s motion are DENIED. Our independent review of the record, counsel’s
brief, and Alarcon-Tapia’s response discloses no nonfrivolous issue for appeal.
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.
2