U.S. Court of Appeals for the Fifth Circuit, 2009

United States v. Thompson

United States v. Thompson
U.S. Court of Appeals for the Fifth Circuit · Decided June 23, 2009 · Smith, Benavides, Haynes
327 F. App'x 523

United States v. Thompson

Opinion

PER CURIAM: *

The attorney appointed to represent Robert Lee Thompson, Jr., has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Thompson has filed a response. The record is insufficiently developed to allow consideration at this time of Thompson’s claim of ineffective assistance of counsel; such claims generally “cannot be resolved on direct appeal when [they have] not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations.” United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). Our independent review of the record, counsel’s brief, and Thompson’s response discloses no non-frivolous issue for appeal. Accordingly, 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under tire limited circumstances set forth in 5tii Cir. R. 47.5.4.

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