Conference Calendar UNITED STATES OF AMERICA v. Jabarian Gacobe Elam

* 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should not be published and is not precedent except under the limited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. 07-40155
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JABARIAN GACOBE ELAM
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:06-CR-90-1
Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Jabarian Gacobe
Elam has moved for leave to withdraw and has filed a brief in accordance with
Anders v. California, 386 U.S. 738 (1967). Elam has filed a response. The record
is insufficiently developed to allow consideration at this time of Elam’s claims
of ineffective assistance of counsel. See United States v. Cantwell, 470 F.3d
1087, 1091 (5th Cir. 2006). Our independent review of the record, counsel’s
United States Court of Appeals
Fifth Circuit
F I L E D
October 25, 2007
Charles R. Fulbruge III
Clerk

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No. 07-40155
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brief, and Elam’s response discloses no nonfrivolous issue for appeal.
Accordingly, 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. Elam’s motion to relieve counsel and appoint new counsel
is DENIED.

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