United States v. Bocknite
United States v. Bocknite
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-11024 Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PAUL EDGAR BOCKNITE,
Defendant-Appellant.
-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 6:99-CR-11-6 -------------------- August 22, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Court appointed counsel for Paul Edgar Bocknite has
requested leave to withdraw and filed a brief in accordance with
Anders v. California,
386 U.S. 738(1967). Bocknite filed a
response to counsel’s brief. Bocknite first argues that counsel
was ineffective. As a general rule, this court declines to
review claims of ineffective assistance of counsel on direct
appeal, although we may do so in exceptional cases. See United
States v. Higdon,
832 F.2d 312, 314(5th Cir. 1987); United
States v. Gibson,
55 F.3d 173, 179(5th Cir. 1995). This is not
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-11024 -2-
the exceptional case. Accordingly, we decline to review the
issue of ineffective assistance in this direct appeal. Bocknite
also argues that he should have received a greater downward
reduction, and he requests new appointed counsel to help him
press this issue. We determined that this issue was frivolous in
our order addressing counsel’s first Anders brief. Bocknite’s
request for new appointed counsel is thus DENIED.
Our independent review of the record and brief shows that
there are no nonfrivolous issues for appeal. Consequently,
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.
Reference
- Status
- Unpublished