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United States Court of Appeals, Fifth CircuitDec 10, 2008
302 Fed. Appx. 259 (5th Cir. 2008)

No. 08-10285, Conference Calendar.

December 10, 2008.

Jeffrey Robert Haag, U.S. Attorney's Office, Northern District of Texas, Lubbock, TX, for Plaintiff-Appellee.

Sherylynn Ann Kime-Goodwin, Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Lubbock, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 6:07-CR-53-1.

Before DAVIS, WIENER, and PRADO, Circuit Judges.

The Federal Public Defender appointed to represent Shawn Christopher Wilson 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). Wilson has filed a response. The record is insufficiently developed to allow consideration at this time of Wilson's claims 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 Wilson's response discloses no nonfrivolous issue for appeal. 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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