USA v. Jeremy Standifer

Filing

UNPUBLISHED OPINION FILED. [09-50820 Dismissed as Frivolous] Judge: WED , Judge: JES , Judge: LHS. Mandate pull date is 01/11/2011 for Appellant Jeremy Rayshard Standifer; denying motion to relieve attorney filed by Appellant Mr. Jeremy Rayshard Standifer [6638345-2]; granting motion to withdraw as counsel filed by Appellant Mr. Brian Linn Gibson for Appellant Mr. Jeremy Rayshard Standifer [6467504-2] [09-50820]

USA v. Jeremy Standifer e: 09-50820 Cas

Document: 00511329077 Page: 1 Date Filed: 12/21/2010

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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 . 09-50820 S u m m a r y Calendar December 21, 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 E R E M Y RAYSHARD STANDIFER, 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 Western District of Texas U S D C No. 6:08-CR-74-1

B e fo r e DAVIS, SMITH and SOUTHWICK, Circuit Judges. P E R CURIAM:* T h e attorney appointed to represent Jeremy Rayshard Standifer has m o v e d for leave to withdraw and has filed a brief in accordance with Anders v. C a lifo r n ia , 386 U.S. 738 (1967). Standifer has filed a response. T h e record is insufficiently developed to allow consideration at this time o f Standifer's claim of ineffective assistance of counsel. See United States v. H ig d o n , 832 F.2d 312, 313-14 (5th Cir. 1987).

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 09-50820 Document: 00511329077 Page: 2 Date Filed: 12/21/2010 No. 09-50820 O u r independent review of the record, counsel's briefs, and Standifer's r e s p o n s e discloses no nonfrivolous issue for appeal. Accordingly, counsel's

m o t io n for leave to withdraw is GRANTED, counsel is excused from further r e s p o n s ib ilit ie s herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Standifer's motion to dismiss counsel is DENIED. See United States v. Wagner, 1 5 8 F.3d 901, 902-03 (5th Cir. 1998).

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