USA v. Peter Tran

Filing 920100218

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Case: 09-10544 Document: 00511027378 Page: 1 Date Filed: 02/12/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-10544 Conference Calendar February 12, 2010 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. PETER TAM TRAN, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:08-CR-119-23 Before GARZA, DENNIS, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Peter Tam Tran has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Tran has filed a response. The record is insufficiently developed to allow consideration at this time of Tran'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. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-10544 Document: 00511027378 Page: 2 No. 09-10544 Date Filed: 02/12/2010 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 Tran'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. 2

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