United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 10, 2003

Charles R. Fulbruge III Clerk No. 03-10190 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

IVAN ESPARZA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:02-CR-179-ALL-A --------------------

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

The federal public defender appointed to represent Ivan

Esparza has moved for leave to withdraw and has filed a brief as

required by Anders v. California,

(1967). Esparza

has filed a response to counsel’s motion in which he argues,

inter alia, that he received ineffective assistance of trial

counsel. The record has not been adequately developed for us to

consider on direct appeal Esparza’s argument that trial counsel

was ineffective. See United States v. Haese,

,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-10190 -2-

363-64 (5th Cir. 1998). Our independent review of the briefs and

the record discloses no nonfrivolous appellate issue.

Accordingly, the motion for leave to withdraw is GRANTED, counsel

is excused from further responsibilities herein, and the APPEAL

IS DISMISSED.