U.S. v. Coleman

Full title: UNITED STATES OF AMERICA, Plaintiff-Appellee v. LARRY COLEMAN…

Court: United States Court of Appeals, Fifth Circuit

Date published: Dec 15, 2009

No. 09-30017. Conference Calendar (5th Cir. Dec. 15, 2009)

Opinion

No. 09-30017 Conference Calendar.

December 15, 2009.

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:07-CR-247-1.

Before KING, JOLLY, and SOUTHWICK, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 attorney appointed to represent Larry Coleman has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Coleman has not filed a response. The record is insufficiently developed to allow consideration at this time of any potential claim of ineffective assistance of counsel identified by counsel; such a claim generally "cannot be resolved on direct appeal when [it] has not been raised before the district court since no opportunity existed to develop the record on the merits of 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 and counsel's brief discloses no nonfrivolous issue for appeal. Accordingly, counsel's 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.