United States v. McDonald

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 16, 2009 No. 08-40228 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. EDWARD MCDONALD Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:07-CR-33-ALL Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Edward McDonald has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). McDonald has filed a response. The record is insufficiently developed to allow consideration at this time of McDonald’s claim 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-40228 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 McDonald’s response 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 5 TH C IR. R. 42.2. 2