USA v. Jason Watkin, No. 10-10710 (5th Cir. 2011)

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Case: 10-10710 Document: 00511515103 Page: 1 Date Filed: 06/21/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-10710 Conference Calendar June 21, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JASON ANDREW WATKINS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:10-CR-46-1 Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jason Andrew Watkins 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). Watkins has filed a response. The record is insufficiently developed to allow consideration at this time of Watkins s claim of ineffective assistance of appellate counsel; such a claim generally cannot be resolved on direct appeal when the claim has not been raised before the district * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-10710 Document: 00511515103 Page: 2 Date Filed: 06/21/2011 No. 10-10710 court since no opportunity existed 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 Watkins 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 5 TH C IR. R. 42.2. 2

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