Opinion
No. 73-2934. Summary Calendar.
Rule 18, 5 Cir.; Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.
December 10, 1973.
Clarence O. Bentley, Dallas, Tex. (Court-appointed), for defendant-appellant.
Frank McCown, U.S. Atty., Fort Worth, Tex., Charles D. Cabaniss, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Texas.
Before GEWIN, COLEMAN and MORGAN, Circuit Judges.
In conformity with the requirements established by Anders v. California, 1967, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, we have carefully considered this cause in its entirety, and conclude that there is no arguable merit in the appeal. The only issues sought to be raised by appellant are based on factual allegations not contained in the record, which can not be raised on direct appeal. United States v. King, 5th Cir. 1972, 456 F.2d 1243. It is therefore ordered, that the motion filed by Charles Bentley, Esquire, for leave to withdraw as court-appointed counsel for Appellant is granted, and the appeal is dismissed. See Local Rule 20; United States v. Minor, 5th Cir. 1971, 444 F.2d 521; United States v. Crawford, 5th Cir. 1971, 446 F.2d 1085.