United States v. Steven Mercadel ( 2010 )


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  •      Case: 09-30900     Document: 00511108134          Page: 1    Date Filed: 05/12/2010
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    May 12, 2010
    No. 09-30900
    Summary Calendar                         Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    STEVEN J. MERCADEL,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Eastern District of Louisiana
    USDC No. 2:07-CR-409-1
    Before JOLLY, WIENER, and ELROD, Circuit Judges.
    PER CURIAM:*
    The Federal Public Defender appointed to represent Defendant-Appellant
    Mercadel has moved for leave to withdraw and has filed a brief in accordance
    with Anders v. California, 
    386 U.S. 738
    (1967). Mercadel has filed responses to
    the motion. The record is insufficiently developed to allow consideration at this
    time of Mercadel’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
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-30900    Document: 00511108134 Page: 2      Date Filed: 05/12/2010
    No. 09-30900
    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 Mercadel’s responses 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 5 TH C IR. R. 42.2.
    2
    

Document Info

Docket Number: 09-30900

Judges: Jolly, Wiener, Elrod

Filed Date: 5/12/2010

Precedential Status: Non-Precedential

Modified Date: 11/5/2024