United States v. Shackleford , 167 F. App'x 1002 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 24, 2006
Charles R. Fulbruge III
Clerk
No. 04-10614
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC DWAIN SHACKLEFORD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:04-CR-20-ALL-C
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Eric
Dwain Shackleford on appeal from the revocation of his supervised
release has moved for leave to withdraw and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967).
Shackleford has filed a brief in response challenging the
revocation decision, the effectiveness of his trial counsel, and
the validity of his sentence in light of United States v. Booker,
543 U.S. 220 (2005). Shackleford also has filed a motion for the
*
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this opinion should not be published and is not precedent except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. 04-10614
-2-
appointment of substitute counsel or, in the alternative, to
proceed pro se.
Our review of the brief filed by counsel, Shackleford’s
response, and the record discloses no nonfrivolous issue for
appeal. We decline to address any claim of ineffective
assistance of counsel, without prejudice to Shackleford’s right
to assert such claims in a motion pursuant to 28 U.S.C. § 2255.
United States v. Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987).
Shackleford’s motion for the appointment of substitute counsel,
or in the alternative to proceed pro se, is DENIED. See United
States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
Counsel’s motion for leave to withdraw is GRANTED, counsel is
excused from further responsibilities, and the appeal is
DISMISSED. See 5TH CIR. R. 42.2.