USA v. David White

Filing

UNPUBLISHED OPINION FILED. [11-51113 Dismissed as Frivolous] Judge: JES , Judge: JWE , Judge: LHS Mandate pull date is 09/11/2012 for Appellant David White; granting motion to withdraw as counsel filed by Ms. Kimberly S. Keller [7044611-2] [11-51113]

Case: 11-51113

Document: 00511963326

Page: 1

Date Filed: 08/21/2012

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 11-51113
Conference Calendar

August 21, 2012
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DAVID WHITE,
Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:11-CR-156-1

Before SMITH, ELROD, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent David White 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). White has
filed a response. The record is insufficiently developed to allow consideration at
this time of White’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
*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-51113

Document: 00511963326

Page: 2

Date Filed: 08/21/2012

No. 11-51113
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 White’s response. We concur with counsel’s assessment that the
appeal presents no nonfrivolous issue for appellate review.

Accordingly,

counsel’s 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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