United States v. Robert Green

Case: 11-31216 Document: 00512211451 Page: 1 Date Filed: 04/17/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 17, 2013
No. 11-31216
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ROBERT C. GREEN,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:10-CR-219-1
Before JONES, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Robert C. Green has moved for leave
to withdraw and has filed briefs in accordance with Anders v. California, 386
U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Green
has filed a response.
In his response, Green alleges that his request for a new counsel should
have been granted and that his attorney failed to make “simple but very, very
important objection[s].” To the extent that this allegation is an effort to raise an
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-31216 Document: 00512211451 Page: 2 Date Filed: 04/17/2013
No. 11-31216
ineffective assistance of counsel claim, we conclude that the record is
insufficiently developed to allow consideration at this time of such a claim. See
United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Green’s response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
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.
2