United States v. Baines

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 20, 2007 Charles R. Fulbruge III Clerk No. 06-30913 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DERRICK L. BAINES, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:05-CR-50092 -------------------- Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges. PER CURIAM:* The attorney appointed to represent Derrick L. Baines has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Baines has filed a response. The record is insufficiently developed to allow consideration at this time of Baines’s claim of ineffective assistance of counsel. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Our independent review of the record, counsel’s brief, and Baines’s response discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-30913 -2- to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.