United States v. McDowell

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 10, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-51426
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DACOBY DONSHA MCDOWELL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-03-CR-98-3
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Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Dacoby Donsha McDowell
has moved for leave to withdraw and has filed a brief in
accordance with Anders v. California, 386 U.S. 738 (1967). Our
independent review of the record, counsel’s brief, and McDowell’s
response shows that there are no nonfrivolous issues for appeal.
The record is insufficiently developed to allow consideration on
direct appeal of McDowell’s apparent claims of ineffective
assistance of counsel. See United States v. Higdon, 832 F.2d
312, 313-14 (5th Cir. 1987). Accordingly, without prejudice to

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No. 03-51426
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McDowell’s right to file a motion pursuant to 28 U.S.C. § 2255,
the motion for leave to withdraw is GRANTED, counsel is excused
from further responsibilities herein, and this appeal is
DISMISSED. See 5TH CIR. R. 42.2. McDowell’s request for new
appointed counsel is DENIED.

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