United States v. Witcher ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 14, 2007
Charles R. Fulbruge III
Clerk
No. 04-50589
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WAYNE EARL WITCHER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:03-CR-321-1
--------------------
Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Wayne Earl Witcher has moved
for leave to withdraw and has filed a brief in accordance with
Anders v. California, 386 U.S. 738 (1967). Witcher has filed a
response to counsel’s motion. Our independent review of
counsel’s brief, the record, and Witcher’s response discloses no
nonfrivolous issues for appeal. The record is insufficiently
developed to allow consideration of Witcher’s claim of
ineffective assistance of counsel in this direct appeal. See
United States v. McElhaney, 469 F.3d 382, 383 n.1 (5th Cir.
*
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this opinion should not be published and is not precedent except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. 04-50589
-2-
2006). Accordingly, counsel’s 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.