USA v. Dameon Johnice, No. 10-30185 (5th Cir. 2010)

Annotate this Case

Download PDF

Case: 10-30185 Document: 00511315601 Page: 1 Date Filed: 12/08/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-30185 Conference Calendar December 8, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAMEON JOHNICE, Defendant-Appellant Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:07-CR-91-1 Before KING, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* The attorney appointed to represent Dameon Johnice has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Johnice has filed a response. The record is insufficiently developed to allow consideration at this time of Johnice 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 the allegations. United States v. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-30185 Document: 00511315601 Page: 2 Date Filed: 12/08/2010 No. 10-30185 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 Johnice 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.