United States v. Chandler

331 F. App'x 332
Court of Appeals for the Fifth Circuit·Decided August 18, 2009·No. 08-41363·Unpublished

Opinion

PER CURIAM: *

The attorney appointed to represent Dwayne Chandler 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). Chandler has filed a response. The record is insufficiently developed to allow consideration at this time of Chandler’s claims 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 Chandler’s response discloses no nonfrivo-lous 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.

Chandler’s motion for appointment of substitute counsel is 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5'm Cm R. 47.5.4.

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United States v. Chandler, 331 F. App'x 332 (5th Cir. 2009).

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Related

United States v. Cantwell
470 F.3d 1087 (Fifth Circuit, 2006)
Anders v. California
386 U.S. 738 (Supreme Court, 1967)