IN THE UNITED STATES COURT OF APPEALS Court of Appeals
United States
FOR THE FIFTH CIRCUIT Fifth Circuit
FILED
April 30, 2009
No. 08-10078
Charles R. Fulbruge III
Conference Calendar
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
GERROD TRAVOR ROBINSON
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:07-CR-7-ALL
Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Gerrod Travor Robinson has moved
for leave to withdraw and has filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967). Although Robinson was granted an extension
of time in which to file a response, he has not filed a response. Our independent
review of the record and counsel’s brief discloses no nonfrivolous issue for appeal.
The record is insufficiently developed to allow consideration at this time of
counsel’s claim of ineffective assistance of counsel; such a claim generally
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-10078
“cannot be resolved on direct appeal when the claim has not been raised before
the district court since no opportunity existed to develop the record on the merits
of the allegations.” United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir.
2006) (internal quotation marks and citation omitted). Accordingly, counsel’s
motion for leave to withdraw is GRANTED, counsel is excused from further
responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.
2