USA v. Andrew Coats


UNPUBLISHED OPINION FILED. [10-40105 Dismissed as Frivolous] Judge: JES , Judge: JLD , Judge: EBC. Mandate pull date is 11/16/2010 for Appellant Andrew Robert Coats; granting motion to withdraw as counsel filed by Attorney Mr. Frank Warren Henderson, Esq. for Appellants Mr. Andrew Robert Coats and Mr. Andrew Robert Coats [6544365-2] [10-40105]

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USA v. Andrew Coats ase: 10-40105 C Document: 00511274830 Page: 1 Date Filed: 10/26/2010 Doc. 0 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 10-40105 C o n fe r e n c e Calendar October 26, 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. A N D R E W ROBERT COATS, also known as Bob Coats, also known as Bob J o h n s o n , also known as Bill Thomas, 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-47-1 B e fo r e SMITH, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Andrew Robert Coats h a s moved for leave to withdraw and has filed a brief in accordance with Anders v . California, 386 U.S. 738 (1967). Coats has filed a response. The record is in s u ffic ie n t ly developed to allow consideration at this time of Coats's claims of i n e f fe c tiv e assistance of counsel; such claims generally "cannot be resolved on d ir e c t appeal when [they have] not been raised before the district court since no 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 10-40105 Document: 00511274830 Page: 2 Date Filed: 10/26/2010 No. 10-40105 o p p o r t u n i t y existed to develop the record on the merits of the allegations." United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal q u o t a t io n marks and citation omitted). Our independent review of the record, c o u n s e l's brief, and Coats's response discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused f r o m further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH CIR. R. 42.2. 2

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