323 F. App'x 377

UNITED STATES of America, Plaintiff-Appellee v. Ramadan Tajedeen SHABAZZ, Defendant-Appellant.

No. 08-40756

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 30, 2009.

James Mack Noble, IV, U.S. Attorney’s Office, Eastern District of Texas, Tyler, TX, for Plaintiff-Appellee.

Wayne R. Dickey, Assistant Federal Public Defender, Federal Defender’s Office, Eastern District of Texas, Tyler, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Ramadan Tajedeen Shabazz has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Shabazz has filed a response. The record is insufficiently developed to allow consideration at this time of Shabazz’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. 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 Shabazz’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.

United States v. Shabazz
323 F. App'x 377

Case Details

Name
United States v. Shabazz
Decision Date
Apr 30, 2009
Citations

323 F. App'x 377

Jurisdiction
United States

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