United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 27, 2006

Charles R. Fulbruge III Clerk No. 04-11261 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FABIAN EMILIO PEREZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:03-CR-424-2-M --------------------

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Fabian Emilio Perez has

moved for leave to withdraw and has filed a brief as required by

Anders v. California,

(1967). Perez has responded

to counsel’s motion, raising a claim of ineffective assistance of

counsel. We do not reach the issue of ineffective assistance of

counsel because the record has not been adequately developed to

address this issue. United States v. Miller,

, 335-

36 (5th Cir.), cert. denied,

(2005).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-11261 -2-

Our independent review of the brief filed by counsel,

Perez’s response, and of the record discloses no nonfrivolous

issue for appeal. 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.