USA v. Steven Mercadel

Filing 511108134

Case: 09-30900

Document: 00511108134

Page: 1

Date Filed: 05/12/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-30900 S u m m a r y Calendar May 12, 2010 Lyle W. Cayce Clerk

U N I T E D STATES OF AMERICA, P la in tiff-A p p e lle e v. S T E V E N J. MERCADEL, 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 Louisiana U S D C No. 2:07-CR-409-1

B e fo r e JOLLY, WIENER, and ELROD, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Defendant-Appellant M e r c a d e l has moved for leave to withdraw and has filed a brief in accordance w it h Anders v. California, 386 U.S. 738 (1967). Mercadel has filed responses to th e motion. The record is insufficiently developed to allow consideration at this t im e of Mercadel's claims of ineffective assistance of counsel; such claims g e n e r a lly "cannot be resolved on direct appeal when [they have] not been raised b e fo r e the district court since no opportunity existed to develop the record on 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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Case: 09-30900

Document: 00511108134 Page: 2 No. 09-30900

Date Filed: 05/12/2010

m e r i t s of the allegations." United States v. Cantwell, 470 F.3d 1087, 1091 (5th C i r . 2006) (internal quotation marks and citation omitted). Our independent r e v ie w of the record, counsel's brief, and Mercadel's responses discloses no n o n fr iv o lo u s issue for appeal. Accordingly, the motion for leave to withdraw is G R A N T E D , counsel is excused from further responsibilities herein, and the A P P E A L IS DISMISSED. See 5TH CIR. R. 42.2.

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