United States v. Bennett

* 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this opinion should not be published and is not precedent except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
April 19, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10167
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RASHAD LEE BENNETT,
Defendant-Appellant.
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Appeals from the United States District Court
for the Northern District of Texas
USDC No. 1:04-CR-41-24
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Court-appointed counsel representing Rashad Lee Bennett has
moved for leave to withdraw and has filed a brief pursuant to
Anders v. California, 386 U.S. 738 (1967). Bennett has filed a
response.
Our independent review of the record, counsel’s brief, and
Bennett’s response shows that there is no nonfrivolous issue for
appeal. The record is insufficiently developed to allow
consideration of Bennett’s claims of ineffective assistance of
counsel on direct appeal. See United States v. Higdon, 832 F.2d

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No. 05-10167
-2-
312, 313-14 (5th Cir. 1987). Accordingly, 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. Bennett’s motions for appointment of new counsel,
for substitution of counsel, for an extension of time to file his
appellate brief, and to strike counsel’s Anders brief are DENIED.

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