United States v. Robicheaux

U.S. Court of Appeals for the Fifth Circuit

United States v. Robicheaux

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________

No. 99-31174 Summary Calendar Civil Docket #98-CR-60027-2 _______________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSEPH ROBICHEAUX,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Western District of Louisiana _________________________________________________________________ February 2, 2001

Before DAVIS, JONES, and DeMOSS, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Joseph Robicheaux has

moved for leave to withdrawn and has filed a brief in accordance

with Anders v. California,

386 U.S. 738

(1967). In response to

counsel’s motion, Robicheaux has raised several appellate issues,

including claims that counsel performed ineffectively at trial and

at sentencing, and he moves this court to appoint new appellate

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. counsel. The motion for appointment of new appellate counsel is

DENIED.

We pretermit consideration of Robicheaux’s ineffective

counsel arguments because the record is not adequately developed

for appellate review. United States v. Chavez-Valencia,

116 F.3d 127, 133-34

(5th Cir. 1997). Robicheaux’s responses, counsel’s

brief, and our independent review of the record reveal no other

potentially nonfrivolous issue. Consequently, counsel’s motion for

leave to withdraw is GRANTED and counsel is excused from further

responsibilities herein. Robicheaux’s claims of ineffective

counsel are DISMISSED WITHOUT PREJUDICE to his ability to raise the

issues on

28 U.S.C. § 2255

review. The APPEAL IS DISMISSED. See

5th Cir. R. 42.2.

2

Reference

Status
Unpublished