USA v. Jerry Chance, No. 10-40580 (5th Cir. 2011)

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Case: 10-40580 Document: 00511450181 Page: 1 Date Filed: 04/19/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-40580 Conference Calendar April 19, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JERRY CHANCE, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:09-CR-1897-2 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jerry Chance 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). Chance has filed a response. The record is insufficiently developed to allow consideration at this time of Chance 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 to develop * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40580 Document: 00511450181 Page: 2 Date Filed: 04/19/2011 No. 10-40580 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 Chance 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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