United States v. Pierce

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
F I L E D
No. 06-60067 September 19, 2007
Summary Calendar
Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
RICKY GAIL PIERCE, SR., also known as Preacher
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 2:04-CR-36
Before JOLLY, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Ricky Gail Pierce, Sr. has moved for
leave to withdraw and has filed a brief in accordance with Anders v. California,
386 U.S. 738 (1967). Pierce has filed a response. The record is insufficiently
developed to allow consideration at this time of Pierce’s claims of ineffective
assistance of counsel. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th
Cir. 2006). Our independent review of the record, counsel’s brief, and Pierce’s
*
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should not be published and is not precedent except under the limited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. 06-60067
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