USA v. Jones, No. 08-11114 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-11114 Summary Calendar July 22, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ISAAC JONES, JR., Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:08-CR-29-ALL Before JOLLY, WIENER, and ELROD, Circuit Judges. PER CURIAM:* The federal public defendant appointed to represent Isaac Jones, Jr., has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Jones has filed a response. The record is insufficiently developed to allow consideration at this time of Jones s claims of ineffective assistance of counsel; such claims generally cannot be resolved on * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-11114 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. 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 Jones s response discloses no nonfrivolous issue for appeal. 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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