USA v. Gregory Lewis, No. 05-40774 (5th Cir. 2010)

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Case: 05-40774 Document: 00511206680 Page: 1 Date Filed: 08/17/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 05-40774 Conference Calendar August 17, 2010 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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 No. 05-40774 Date Filed: 08/17/2010 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

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