IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41082
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEVIN NEAL DUCKETT,
Defendant-Appellant.
--------------------
Appeals from the United States District Court
for the Southern District of Texas
USDC No. V-01-CR-26-1
February 12, 2003
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Court appointed counsel representing Kevin Neal Duckett has
moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967). Duckett has
filed a response, in which he argues inter alia that his trial
counsel and appellate counsel were ineffective. The record has
not been adequately developed for us to consider Duckett’s
arguments concerning trial counsel on direct appeal. See United
States v. Haese, 162 F.3d 359, 363 (5th Cir. 1998). Any claim
*
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that this opinion should not be published and is not precedent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.
No. 02-41082
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with respect to Duckett’s appellate counsel has not yet accrued.
See United States v. Scott, 124 F.3d 1328, 1330 (5th Cir. 1997).
Our independent review of the record, counsel’s brief, and
Duckett’s response shows that there are no nonfrivolous issues
for appeal. Accordingly, counsel’s motion for leave to withdraw
is GRANTED, counsel is excused from further responsibilities
herein, and this appeal is DISMISSED. See 5TH CIR. R. 42.2.