United States v. Bassey Ekanem

Case: 09-10371 Document: 00511054108 Page: 1 Date Filed: 03/17/2010

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
March 17, 2010
No. 09-10371
Summary Calendar Charles R. Fulbruge III
Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

BASSEY JACKSON EKANEM,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:05-CR-173-1

Before JOLLY, WIENER, and ELROD, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Defendant-Appellant Bassey Jackson
Ekanem has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967). Ekanem has filed a response.
The record is insufficiently developed to allow consideration at this time of
Ekanem’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

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
 Case: 09-10371 Document: 00511054108 Page: 2 Date Filed: 03/17/2010
No. 09-10371

the allegations.” United States v. 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 Ekanem’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 5 TH C IR. R. 42.2.

2