USA v. Jeremy Standifer, No. 09-50820 (5th Cir. 2010)

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Case: 09-50820 Document: 00511329077 Page: 1 Date Filed: 12/21/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-50820 Summary Calendar December 21, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JEREMY RAYSHARD STANDIFER, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 6:08-CR-74-1 Before DAVIS, SMITH and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jeremy Rayshard Standifer has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Standifer has filed a response. The record is insufficiently developed to allow consideration at this time of Standifer s claim of ineffective assistance of counsel. See United States v. Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-50820 Document: 00511329077 Page: 2 Date Filed: 12/21/2010 No. 09-50820 Our independent review of the record, counsel s briefs, and Standifer 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. Standifer s motion to dismiss counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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