Case: 09-41260 Document: 00511218505 Page: 1 Date Filed: 08/30/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 30, 2010
No. 09-41260
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JAMES BRANDON STROUSE,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:09-CR-46-1
Before KING, BENAVIDES, and ELROD, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent James Brandon Strouse has moved
for leave to withdraw and has filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967). Strouse has filed a response. The record is
insufficiently developed to allow consideration at this time of Strouse’s claims
of ineffective assistance of counsel. While Strouse raised concerns about
counsel’s representation in the district court, the merits of the claims were not
resolved. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006).
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 09-41260 Document: 00511218505 Page: 2 Date Filed: 08/30/2010
No. 09-41260
Our independent review of the record, counsel’s brief, and Strouse’s response
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 5 TH C IR. R. 42.2.
2