United States v. James Eason, Jr.

Case: 13-10642 Document: 00512600399 Page: 1 Date Filed: 04/17/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-10642
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 17, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JAMES CARROLL EASON, JR., also known as Jimbo,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:12-CR-93-2
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent James Carroll Eason, Jr., 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). Eason has filed a response. The record is insufficiently developed
to allow consideration at this time of Eason’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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-10642 Document: 00512600399 Page: 2 Date Filed: 04/17/2014
No. 13-10642
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 Eason’s response. 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. Eason’s motions to strike the Anders brief
and for appointment of new counsel are DENIED. See United States v. Wagner,
158 F.3d 901, 902-03 (5th Cir. 1998).
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