USA v. Jerry Chance

Filing

UNPUBLISHED OPINION FILED. [10-40580 Dismissed as Frivolous] Judge: EGJ , Judge: PRO , Judge: CH. Mandate pull date is 05/10/2011 for Appellant Jerry Chance; granting motion to withdraw as counsel filed by Attorney Mr. Jose Eduardo Pena for Appellant Mr. Jerry Chance [6641848-2] [10-40580]

Case: 10-40580 Document: 00511450181 Page: 1 Date Filed: 04/19/2011

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit
FILED
No. 10-40580
Conference Calendar

April 19, 2011
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JERRY CHANCE,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:09-CR-1897-2

Before JOLLY, OWEN, and HAYNES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Jerry Chance 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). Chance
has filed a response.

The record is insufficiently developed to allow

consideration at this time of Chance’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 to develop
*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40580 Document: 00511450181 Page: 2 Date Filed: 04/19/2011
No. 10-40580
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 Chance’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 5 TH C IR. R. 42.2.

2