United States v. Christopher Ryman ( 2013 )

Case: 13-10050 Document: 00512473032 Page: 1 Date Filed: 12/17/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-10050
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 17, 2013
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
CHRISTOPHER EARL RYMAN, also known as Christopher Fred Ryman,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:11-CR-250-38
Before DAVIS, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Christopher Earl Ryman 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). Ryman has filed responses. The record is insufficiently developed
to allow consideration at this time of Ryman’s claim of ineffective assistance of
counsel; such a claim generally “cannot be resolved on direct appeal when 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-10050 Document: 00512473032 Page: 2 Date Filed: 12/17/2013
No. 13-10050
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 Ryman’s responses. 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. Ryman’s motion to relieve counsel and
appoint substitute counsel is DENIED.
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