U.S. v. Owens

Full title: UNITED STATES of America, Plaintiff-Appellee v. Ricky Leon OWENS…

Court: United States Court of Appeals, Fifth Circuit

Date published: Aug 21, 2007

236 F. App'x 146 (5th Cir. 2007)

Opinion

No. 06-11107 Conference Calendar.

August 21, 2007.

Bret E. Helmer, U.S. Attorney's Office Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

Raymond J. Rodgers, Federal Public Defender's Office Northern District of Texas, Fort Worth, TX, for Defendants Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:06-CR-39-ALL.

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

The Federal Public Defender appointed to represent Ricky Leon Owens has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Owens has filed a response. The record is insufficiently developed to allow consideration at this time of Owens' claim of ineffective assistance of counsel. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Our independent review of the record, counsel's brief, and Owens' 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 5TH CIR. R. 42.2.