USA v. Trenton Wallace

Filing

UNPUBLISHED OPINION FILED. [11-11184 Dismissed as frivolous ] Judge: TMR , Judge: PRO , Judge: LHS Mandate pull date is 03/14/2014 for Appellant Trenton Lee Wallace; granting motion to withdraw as counsel filed by Mr. Jason Douglas Hawkins [7329751-2] [11-11184]

Case: 11-11184

Document: 00512539606

Page: 1

Date Filed: 02/21/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 11-11184
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 21, 2014

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
TRENTON LEE WALLACE,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:11-CR-10-1
Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Trenton Lee
Wallace 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).

Wallace has filed a response.

The record is

insufficiently developed to allow consideration at this time of Wallace’s claims
of ineffective assistance of counsel; such a claim generally “cannot be resolved

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 11-11184

Document: 00512539606

Page: 2

Date Filed: 02/21/2014

No. 11-11184
on direct appeal when the claim has not been raised before the district court
since no opportunity existed 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
Wallace’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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