USA v. Terral Taylor

Filing

UNPUBLISHED OPINION FILED. [09-31194 Dismissed as Frivolous] Judge: WED , Judge: JES , Judge: LHS Mandate pull date is 12/30/2010 for Appellant Terral James Taylor; granting motion to withdraw as counsel filed by Attorney Mr. Mark David Plaisance, Esq. for Appellant Mr. Terral James Taylor [6541659-2] [09-31194]

USA v. Terral TaylorCase: 09-31194

Document: 00511317228 Page: 1 Date Filed: 12/09/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-31194 S u m m a r y Calendar December 9, 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. T E R R A L JAMES TAYLOR, D e fe n d a n t -A p p e lla n t

A p p e a ls from the United States District Court fo r the Western District of Louisiana U S D C No. 2:08-CR-143-1

B e fo r e DAVIS, SMITH and SOUTHWICK, Circuit Judges. P E R CURIAM:* T h e attorney appointed to represent Terral James Taylor has moved for le a v e to withdraw and has filed a brief in accordance with Anders v. California, 3 8 6 U.S. 738 (1967). Taylor has filed a response. The record is insufficiently d e v e lo p e d to allow consideration at this time of Taylor's claims of ineffective a s s is t a n c e of counsel; such claims generally "cannot be resolved on direct appeal w h e n [they have] not been raised before the district court since no opportunity e x is t e d 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

Dockets.Justia.com

Case: 09-31194 Document: 00511317228 Page: 2 Date Filed: 12/09/2010 No. 09-31194 C a n tw e ll, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and c it a t io n omitted). Our independent review of the record, counsel's brief, and T a y lo r 's response discloses no nonfrivolous issue for appeal. Accordingly,

c o u n s e l's motion for leave to withdraw is GRANTED, counsel is excused from fu r t h e r responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R . 42.2.

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