U.S.v.Walters

United States Court of Appeals, Fifth CircuitNov 30, 2009
353 Fed. Appx. 958 (5th Cir. 2009)

No. 08-40684 Summary Calendar.

November 30, 2009.

Randall Lynn Fluke, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Texas, Beaumont, TX, for Plaintiff-Appellee.

Todd Weldon LeBlanc, Beaumont, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Texas, USDC No. 1:06-CR-149-1.

Before DAVIS, SMITH, and OWEN, Circuit Judges.


The attorney appointed to represent Louis Leon Walters has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Walters has filed a response. The record is insufficiently developed to allow consideration at this time of Walters's claim of ineffective assistance of counsel; such claims generally "cannot be resolved on direct appeal when [they have] 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). Our independent review of the record, counsel's brief, and Walters's response discloses no nonfrivolous issue for appeal. 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.