U.S. Court of Appeals for the Fifth Circuit, 2010

United States v. Jones

United States v. Jones
U.S. Court of Appeals for the Fifth Circuit · Decided June 22, 2010 · Haynes, King, Stewart
383 F. App'x 434

United States v. Jones

Opinion of the Court

PER CURIAM: *

The attorney appointed to represent Tanya Montana Jones 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). Jones has filed a response. The record is insufficiently developed to allow consideration at this time of Jones’s claim(s) of ineffective assistance of counsel; such claim(s) generally “cannot be resolved on direct appeal when [they have] not been raised before the district court since no *435opportunity 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 Jones’s response discloses no nonfrivolous issue for appeal. Accordingly, the 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. Jones’s untimely request for appointment of new counsel on appeal is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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