USA v. Bassey Ekanem, No. 09-10371 (5th Cir. 2010)

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Case: 09-10371 Document: 00511054108 Page: 1 Date Filed: 03/17/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-10371 Summary Calendar March 17, 2010 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. BASSEY JACKSON EKANEM, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:05-CR-173-1 Before JOLLY, WIENER, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Defendant-Appellant Bassey Jackson Ekanem has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Ekanem has filed a response. The record is insufficiently developed to allow consideration at this time of Ekanem 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-10371 Document: 00511054108 Page: 2 No. 09-10371 Date Filed: 03/17/2010 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 Ekanem 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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