Conference Calendar UNITED STATES OF AMERICA v. Samuel Norris

* 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should not be published and is not precedent except under the limited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. 07-10826
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
SAMUEL NORRIS
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:07-CR-13-ALL
Before PRADO, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Samuel Norris has moved for leave
to withdraw and has filed a brief in accordance with Anders v. California, 386
U.S. 738 (1967). Norris has filed a response. The record is insufficiently
developed to allow consideration at this time of Norris’s claim of ineffective
assistance of counsel; such a claim generally “cannot be resolved on direct appeal
when [it has] not been raised before the district court since no opportunity
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. 07-10826
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existed to 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
Norris’s response discloses no nonfrivolous issue for appeal. Accordingly,
Norris’s pro se motion for the appointment of counsel is DENIED, counsel’s
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.

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