IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 22, 2008
No. 07-40873
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
CARL GREEN MORGAN
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:07-CR-19-1
Before KING, BARKSDALE, and OWEN, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Carl Green Morgan has moved for
leave to withdraw and has filed a brief in accordance with Anders v. California,
386 U.S. 738 (1967). Morgan has filed a response. The record is insufficiently
developed to allow consideration at this time of Morgan’s claims of ineffective
assistance of counsel; such claims generally “cannot be resolved on direct appeal
when [they have] not been raised before the district court since no opportunity
existed to develop the record on the merits of the allegations.” United States v.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-40873
Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006)(internal quotation marks and
citation omitted). Our independent review of the record, counsel’s brief, and
Morgan’s response discloses no nonfrivolous issue for appeal. Accordingly, the
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.
2