USA v. James Strouse

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USA v. James Strouse

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Case: 09-41260

Document: 00511218505

Page: 1

Date Filed: 08/30/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-41260 S u m m a r y Calendar August 30, 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. J A M E S BRANDON STROUSE, 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. 4:09-CR-46-1

B e fo r e KING, BENAVIDES, and ELROD, Circuit Judges. P E R CURIAM:* T h e attorney appointed to represent James Brandon Strouse has moved fo r leave to withdraw and has filed a brief in accordance with Anders v. C a lifo r n ia , 386 U.S. 738 (1967). Strouse has filed a response. The record is in s u f f i c i e n t ly developed to allow consideration at this time of Strouse's claims o f ineffective assistance of counsel. While Strouse raised concerns about

c o u n s e l's representation in the district court, the merits of the claims were not r e s o lv e d . See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006).
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 09-41260

Document: 00511218505 Page: 2 No. 09-41260

Date Filed: 08/30/2010

O u r independent review of the record, counsel's brief, and Strouse's response d is c lo s e s no nonfrivolous issue for appeal. Accordingly, counsel's motion for le a v e to withdraw is GRANTED, counsel is excused from further responsibilities h e r e in , and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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