United States v. Taylor

349 F. App'x 918

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED October 20, 2009 No. 09-50106 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JESHERRICK TAYLOR,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 7:08-CR-37-ALL

Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jesherrick Taylor has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Taylor has not filed a response. The record is insufficiently developed to allow consideration at this time of Taylor’s claims of ineffective assistance of counsel raised in his pro se notice of appeal; 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. No. 09-50106

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 and counsel’s brief discloses no nonfrivolous 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 5 TH C IR. R. 42.2.