United States v. Louis Gray , 487 F. App'x 152 ( 2012 )


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  •      Case: 11-11097     Document: 00511966496         Page: 1     Date Filed: 08/22/2012
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    August 22, 2012
    No. 11-11097
    Summary Calendar                        Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    LOUIS E. GRAY,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 4:11-CR-115-1
    Before KING, DAVIS, and CLEMENT, Circuit Judges.
    PER CURIAM:*
    The Federal Public Defender appointed to represent Louis E. Gray has
    moved for leave to withdraw and has filed a brief in accordance with Anders v.
    California, 
    386 U.S. 738
     (1967), and United States v. Flores, 
    632 F.3d 229
     (5th
    Cir. 2011). Gray has filed a response. The record is insufficiently developed to
    allow consideration at this time of Gray’s claim of ineffective assistance of
    counsel; such a claim generally “cannot be resolved on direct appeal when the
    claim has not been raised before the district court since no opportunity existed
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-11097   Document: 00511966496     Page: 2   Date Filed: 08/22/2012
    No. 11-11097
    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). We have reviewed counsel’s brief and the relevant portions of
    the record reflected therein, as well as Gray’s response.      We concur with
    counsel’s assessment that the appeal presents no nonfrivolous issue for appellate
    review. 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.
    2
    

Document Info

Docket Number: 11-11097

Citation Numbers: 487 F. App'x 152

Judges: Clement, Davis, King, Per Curiam

Filed Date: 8/22/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023