USA v. Daniel Siringi, No. 09-40762 (5th Cir. 2010)

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Case: 09-40762 Document: 00511068721 Page: 1 Date Filed: 04/01/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-40762 Summary Calendar April 1, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DANIEL OGWOKA SIRINGI, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:09-CR-3-1 Before JOLLY, WIENER, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Daniel Ogwoka Siringi has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Siringi has filed a response. The record is insufficiently developed to allow consideration at this time of Siringi s claims of ineffective assistance of counsel; 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 on the merits of the allegations. United States v. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40762 Document: 00511068721 Page: 2 No. 09-40762 Date Filed: 04/01/2010 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 Siringi 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. Siringi s motions for a hearing, for a restraining order, and for leave to file documents are DENIED. 2

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