USA v. Douglas Tyler


UNPUBLISHED OPINION FILED. [11-50731 Dismissed as Frivolous] Judge: TMR , Judge: JES , Judge: ECP Mandate pull date is 05/16/2012 for Appellant Douglas Craig Tyler; granting motion to withdraw as counsel filed by Mr. John Richard Donahue [6952580-2]; granting motion leave to file a supplemental document filed by Appellant Mr. Douglas Craig Tyler [7022720-2] [11-50731]

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Case: 11-50731 Document: 00511835116 Page: 1 Date Filed: 04/25/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50731 Summary Calendar April 25, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DOUGLAS CRAIG TYLER, Defendant-Appellant. Appeals from the United States District Court for the Western District of Texas USDC No. 6:10-CR-298-1 Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM:* The attorney appointed to represent Douglas Tyler has moved for leave to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50731 Document: 00511835116 Page: 2 Date Filed: 04/25/2012 No. 11-50731 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). Tyler has filed a response. The record is insufficiently developed to allow consideration of Tyler’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 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 and Tyler’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. Tyler’s request for appointment of substitute counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). His motion for leave to file a supplemental response is GRANTED. 2

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