United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 22, 2005
Charles R. Fulbruge III
Clerk
No. 04-30094
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MONTAVIOUS DEVON MCGILL,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:03-CR-122-ALL-B
--------------------
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent
Montavious Devon McGill (“McGill”) has moved for leave to
withdraw from this direct appeal and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). McGill
has received a copy of counsel’s motion and has filed a pro se
response. In his response, McGill contends that his trial
counsel was ineffective. We conclude that the record is
insufficiently developed to allow consideration on direct appeal
*
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this opinion should not be published and is not precedent except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. 04-30094
-2-
of McGill’s claims of ineffective assistance of counsel. See
United States v. Brewster, 137 F.3d 853, 859 (5th Cir. 1998).
Our independent review of counsel’s brief and the record
disclose no nonfrivolous issues for appeal. Accordingly, the
motion for leave to withdraw is GRANTED, counsel is excused from
further responsibilities herein, and the appeal is DISMISSED
without prejudice to McGill’s right to raise his ineffective
assistance of counsel claims in a 28 U.S.C. § 2255 proceeding.
See 5TH CIR. R. 42.2.