Categories: Fifth Circuit Court of Appeals Opinions

U.S. v. LANDRUM, 409 Fed.Appx. 809 (5th Cir. 2011)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy Earl LANDRUM, Jr., Defendant-Appellant.

No. 10-50478 Summary Calendar.United States Court of Appeals, Fifth Circuit.
February 4, 2011.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

John Richard Donahue, Waco, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 6:09-CR-183-1.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

The attorney appointed to represent Tommy Earl Landrum, Jr., 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). Landrum has filed a response. The record is insufficiently developed to allow consideration at this time of Landrum’s claim of ineffective assistance of counsel; such a claim generally “cannot be resolved on direct appeal when the claim 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, counsel’s brief, and Landrum’s 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.

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