DocketNumber： 07-51001
Citation Numbers： 282 F. App'x 337
Judges： Dennis, Jolly, Jones, Per Curiam
Filed Date： 6/19/2008
Status： Non-Precedential
Modified Date： 8/2/2023
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 19, 2008 No. 07-51001 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. DAVID LEON SUTTLE Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 7:07-CR-29-ALL Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges. PER CURIAM:* The attorney appointed to represent David Leon Suttle has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,386 U.S. 738
(1967). Suttle has filed a response. The record is insufficiently developed to allow consideration at this time of Suttle’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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-51001 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). Our independent review of the record, counsel’s brief, and Suttle’s response 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 5TH CIR. R. 42.2. 2