United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 18, 2007
Charles R. Fulbruge III
Clerk
No. 06-40532
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDWARD JEROME BUTLER,
Defendant-Appellant.
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Appeals from the United States District Court
for the Eastern District of Texas
USDC No. 1:04-CR-175-1
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Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM:*
Appointed counsel for Edward Jerome Butler has moved for
leave to withdraw and has filed a brief in accordance with Anders
v. California, 386 U.S. 738 (1967). Butler has filed a response,
in which he raises claims of ineffective assistance of trial
counsel. We conclude that the record is insufficiently developed
to allow consideration on direct appeal of Butler’s claims of
ineffective assistance of counsel. See United States v.
Brewster, 137 F.3d 853, 859 (5th Cir. 1998).
*
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this opinion should not be published and is not precedent except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. 06-40532
-2-
Our independent review of counsel’s brief, Butler’s
response, and the record 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 5TH CIR. R. 42.2. The
Government’s motion to dismiss the appeal is DENIED.