USA v. Thomas
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-30107 Summary Calendar September 10, 2009 Charles R. Fulbruge III Clerk
UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALVIN THOMAS, III, Also Known as Fot Thomas, Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Louisiana No. 2:06-CR-294-10
Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:*
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-30107 The Federal Public Defender appointed to represent Alvin Thomas, III, has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Thomas has filed a response. The record is insufficiently developed to allow consideration of Thomas'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 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 Thomas'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 5 TH C IR. R. 42.2. The motion for leave to file the Anders brief under seal is GRANTED. Thomas's motion for appointment of counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
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