United States v. Gregory Lewis , 391 F. App'x 379 ( 2010 )


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  •      Case: 05-40774     Document: 00511206680          Page: 1    Date Filed: 08/17/2010
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    August 17, 2010
    No. 05-40774
    Conference Calendar                       Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    GREGORY D LEWIS,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Eastern District of Texas
    USDC No. 5:04-CR-19-1
    Before DAVIS, SMITH, and WIENER, Circuit Judges.
    PER CURIAM:*
    The Federal Public Defender appointed to represent Gregory D. Lewis has
    moved for leave to withdraw and has filed a brief in accordance with Anders v.
    California, 
    386 U.S. 738
    (1967). Lewis has filed a response. To the extent that
    Lewis has raised a claim of ineffective assistance of counsel, the record is
    insufficiently developed to allow consideration at this time of his claim; 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
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 05-40774   Document: 00511206680 Page: 2        Date Filed: 08/17/2010
    No. 05-40774
    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 Lewis’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 5 TH C IR. R. 42.2. Lewis’s motion to
    substitute counsel is DENIED.
    2
    

Document Info

Docket Number: 05-40774

Citation Numbers: 391 F. App'x 379

Filed Date: 8/17/2010

Precedential Status: Non-Precedential

Modified Date: 4/17/2021