United States v. Gary Robinson

556 F. App'x 355

Opinion

Case: 12-41274 Document: 00512539655 Page: 1 Date Filed: 02/21/2014

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 12-41274 Conference Calendar United States Court of Appeals Fifth Circuit

FILED February 21, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee

v.

GARY EUGENE ROBINSON,

Defendant-Appellant

Appeals from the United States District Court for the Eastern District of Texas USDC No. 4:11-CR-235-1

Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Gary Eugene Robinson has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Robinson has filed a response. The record is insufficiently developed to allow consideration at this time of Robinson’s claims of ineffective assistance of counsel; such claims generally “cannot be resolved

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 12-41274 Document: 00512539655 Page: 2 Date Filed: 02/21/2014

No. 12-41274

on direct appeal when the claim has 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). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Robinson’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. 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.