USA v. Jason Child
UNPUBLISHED OPINION FILED. [10-11111 Dismissed as Frivolous ] Judge: PEH , Judge: EBC , Judge: JWE Mandate pull date is 09/06/2011 for Appellant Jason Wayne Childs; granting motion to withdraw as counsel filed by Mr. Jason Douglas Hawkins [6746953-2] [10-11111]
Date Filed: 08/16/2011
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
August 16, 2011
Lyle W. Cayce
UNITED STATES OF AMERICA,
JASON WAYNE CHILDS,
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:10-CR-75-1
Before HIGGINBOTHAM, CLEMENT, and ELROD, Circuit Judges.
The Federal Public Defender appointed to represent Jason Wayne Childs
has moved for leave to withdraw and has filed a brief in accordance with Anders
v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th
Cir. 2011). Childs has filed a response. The record is insufficiently developed
to allow consideration at this time of Childs’s claim of ineffective assistance of
counsel; such a claim generally “cannot be resolved on direct appeal when the
claim has not been raised before the district court since no opportunity existed
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
Date Filed: 08/16/2011
to develop the record on the merits of the allegations.”
United States v.
Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and
citation omitted). We have reviewed counsel’s brief and the relevant portions of
the record reflected therein, as well as Childs’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for appellate
review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is
excused from further responsibilities herein, and the APPEAL IS DISMISSED.
See 5TH CIR. R. 42.2.
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