USA v. Gregory Lewis


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USA v. Gregory Lewis Doc. 0 Case: 05-40774 Document: 00511206680 Page: 1 Date Filed: 08/17/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 05-40774 C o n fe r e n c e Calendar August 17, 2010 Lyle W. Cayce Clerk U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. G R E G O R Y D LEWIS, D e fe n d a n t -A p p e lla n t A p p e a l from the United States District Court fo r the Eastern District of Texas U S D C No. 5:04-CR-19-1 B e fo r e DAVIS, SMITH, and WIENER, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Gregory D. Lewis has m o v e d for leave to withdraw and has filed a brief in accordance with Anders v. C a lifo r n ia , 386 U.S. 738 (1967). Lewis has filed a response. To the extent that L e w is has raised a claim of ineffective assistance of counsel, the record is in s u ffic ie n t ly developed to allow consideration at this time of his claim; such c la im s generally "cannot be resolved on direct appeal when [they have] not been r a is e d before the district court since no opportunity existed to develop the record 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 05-40774 Document: 00511206680 Page: 2 No. 05-40774 Date Filed: 08/17/2010 o n the merits of the allegations." United States v. Cantwell, 470 F.3d 1087, 1091 (5 t h Cir. 2006) (internal quotation marks and citation omitted). Our in d e p e n d e n t review of the record, counsel's brief, and Lewis's response discloses n o nonfrivolous issue for appeal. Accordingly, counsel's motion for leave to w it h d r a w is GRANTED, counsel is excused from further responsibilities herein, a n d the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Lewis's motion to s u b s t it u t e counsel is DENIED. 2

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