USA vs. Chandler, (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals

Fifth Circuit

FILED

August 20, 2008

No. 07-41008

Conference Calendar Charles R. Fulbruge III

Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

STEVEN WADE CHANDLER

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:06-CR-247-4

Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:* The attorney appointed to represent Steven Wade Chandler has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Chandler has filed a response. The record is insufficiently developed to allow consideration at this time of Chandler’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.

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 Chandler’s response discloses no nonfrivolous issue for appeal; therefore, this court will not entertain Chandler’s request for additional time to obtain and review the record. 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.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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