U.S. v. HOUSE, 222 Fed.Appx. 394 (5th Cir. 2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan Edward HOUSE, Defendant-Appellant.

No. 05-40461 Summary Calendar.United States Court of Appeals, Fifth Circuit.
March 9, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Lisa G. Flournoy, U.S. Attorney’s Office, Eastern District of Texas, Lufkin, TX, for Plaintiff-Appellee.

John Richard Heath, Nacogdoches, TX, for Defendant-Appellant.

Jonathan Edward House, Oklahoma City, OK, pro se.

Appeal from the United States District Court for the Eastern District of Texas, USDC No. 9:04-CR-22-ALL.

Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:[*]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Counsel appointed to represent Jonathan Edward House has requested leave to withdraw from this appeal and has filed a brief as required by Anders v. California,

Page 395

386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). House has filed responses to counsel’s motion to withdraw, moving for the appointment of counsel and raising severaclaims, including claims of ineffective assistance of counsel. The Government has moved for dismissal of the appeal based on House’s appeal waiver.

Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities, House’s motion for appointment of counsel is DENIED, and the APPEAL IS DISMISSED without prejudice to House’s right to bring his ineffective assistance of counsel claims in a motion to vacate, seaside, or correct sentence pursuant to 28 U.S.C. § 2255. See 5TH Cm. R. 42.2. The Government’s motion to dismiss the appeal is DENIED AS MOOT.

DISMISSED.