United States v. Miles ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40728
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROY MILES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 3:97-CR-5-8
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June 28, 1999
Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Roy Miles has moved for leave to
withdraw and has filed a brief as required by Anders v.
California, 386 U.S. 738 (1967). Miles has filed a response.
Our independent review of counsel’s brief, Miles’ response, and
the record discloses no nonfrivolous issue. 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.
*
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that this opinion should not be published and is not precedent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.
No. 98-40728
-2-
Miles’ claim of ineffective assistance of counsel cannot be
resolved on direct appeal. See United States v. Gibson, 55 F.3d
173, 179 (5th Cir. 1995). However, his ineffective-assistance
claim may be raised in a 28 U.S.C. § 2255 motion. See United
States v. Pierce, 959 F.2d 1297, 1301 (5th Cir. 1992).