United States v. Bennett

225 F. App'x 285

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 19, 2007
• Docket: 05-10167
• Status: Unpublished

Opinion

PER CURIAM: *

Court-appointed counsel representing Rashad Lee Bennett has moved for leave to withdraw and has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Bennett has filed a response.

Our independent review of the record, counsel’s brief, and Bennett’s response shows that there is no nonfrivolous issue for appeal. The record is insufficiently developed to allow consideration of Bennett’s claims of ineffective assistance of counsel on direct appeal. See United States v. Higdon, 832 F.2d 312, 313-14 (5th Cir.1987). Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and this APPEAL IS DISMISSED. See 5th Cir. R. 42.2. Bennett’s motions for appointment of new counsel, for substitution of counsel, for an extension of time to file his appellate brief, and to strike counsel’s Anders brief are DENIED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.