USA v. Edith Amadi, No. 12-10847 (5th Cir. 2013)

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Case: 12-10847 Document: 00512277612 Page: 1 Date Filed: 06/18/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-10847 Conference Calendar June 18, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EDITH AMADI, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:11-CR-30-4 Before JONES, OWEN, and GRAVES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Edith Amadi 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). Amadi has filed a response. The record is insufficiently developed to allow consideration at this time of Amadi 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10847 Document: 00512277612 Page: 2 Date Filed: 06/18/2013 No. 12-10847 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 Amadi 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 5TH CIR. R. 42.2. 2

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