UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 99-31174
Summary Calendar
Civil Docket #98-CR-60027-2
_______________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSEPH ROBICHEAUX,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Louisiana
_________________________________________________________________
February 2, 2001
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Joseph Robicheaux has
moved for leave to withdrawn and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967). In response to
counsel’s motion, Robicheaux has raised several appellate issues,
including claims that counsel performed ineffectively at trial and
at sentencing, and he moves this court to appoint new appellate
*
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this opinion should not be published and is not precedent except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. The motion for appointment of new appellate counsel is
DENIED.
We pretermit consideration of Robicheaux’s ineffective
counsel arguments because the record is not adequately developed
for appellate review. United States v. Chavez-Valencia, 116 F.3d
127, 133-34 (5th Cir. 1997). Robicheaux’s responses, counsel’s
brief, and our independent review of the record reveal no other
potentially nonfrivolous issue. Consequently, counsel’s motion for
leave to withdraw is GRANTED and counsel is excused from further
responsibilities herein. Robicheaux’s claims of ineffective
counsel are DISMISSED WITHOUT PREJUDICE to his ability to raise the
issues on 28 U.S.C. § 2255 review. The APPEAL IS DISMISSED. See
5th Cir. R. 42.2.
2