Conference Calendar UNITED STATES OF AMERICA v. Aubrey Davis

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-31302
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
AUBREY DAVIS
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:04-CR-366-1
Before PRADO, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Aubrey Davis has moved for leave to
withdraw and has filed a brief in accordance with Anders v. California, 386 U.S.
738 (1967). Davis has filed a response. The record is insufficiently developed to
allow consideration at this time of Davis’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
United States Court of Appeals
Fifth Circuit
F I L E D
April 16, 2008
Charles R. Fulbruge III
Clerk

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No. 06-31302
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develop the record on the merits of the allegations.” See 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
Davis’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.
Davis’s motion to withdraw the Anders brief and appoint new counsel is
DENIED.

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