U.S. v. SHABAZZ, 323 Fed.Appx. 377 (5th Cir. 2009)
UNITED STATES of America, Plaintiff-Appellee v. Ramadan TajedeenSHABAZZ, Defendant-Appellant.
No. 08-40756 Conference Calendar.United States Court of Appeals, Fifth Circuit.
April 30, 2009.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
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.
Appeal from the United States District Court for the Eastern District of Texas, USDC No. 6:07-CR-87-1.
Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.
PER CURIAM:[fn*]
[fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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.