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United States Court of Appeals, Fifth CircuitFeb 20, 2008
267 Fed. Appx. 322 (5th Cir. 2008)

No. 06-51634 Conference Calendar.

February 20, 2008.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Leon Schydlower, El Paso, TX, for Defendants-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 3:06-CR-2066-ALL.

Before KING, WIENER, and ELROD, Circuit Judges.

The attorney appointed to represent Enrique Olivares-Arreguin 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). Olivares-Arreguin has filed a response. The record is insufficiently developed to allow consideration at this time of Olivares-Arreguin's claims 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 Olivares-Arreguin'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. Olivares-Arreguin's motion for the appointment of substitute counsel is DENIED.

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