United States v. Sul

U.S. Court of Appeals for the Fifth Circuit
United States v. Sul, 147 F. App'x 417 (5th Cir. 2005)

United States v. Sul

Opinion

PER CURIAM: *

Counsel appointed to represent Robert Hugo Sul (“Sul”) on appeal has moved for leave to withdraw from this direct appeal and has filed a brief as required by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Sul has filed a response wherein he raises issues including an allegation of ineffective assistance of trial counsel. We conclude that the record is insufficiently developed to allow consideration on direct appeal of Sul’s claims of ineffective assistance of counsel. See United States v. Brewster, 137 F.3d 853, 859 (5th Cir. 1998).

Our independent review of counsel’s brief, the record, and Sul’s response discloses no nonfrivolous issues for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED without prejudice to Sul’s right to raise his ineffective assistance of counsel claims in a 28 U.S.C. § 2255 proceeding. See 5th Cir. R. 42.2.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Robert Hugo SUL, Defendant-Appellant
Status
Unpublished