Testo completo
* 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this opinion should not be published and is not precedent except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 12, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10607
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUSTIN LONGMIRE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:04-CR-165
--------------------
Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Justin Longmire has moved to
withdraw and has filed a brief as required by Anders v.
California, 386 U.S. 738 (1967). Longmire has not filed a
response to counsel’s motion to withdraw.
Our independent review of the brief and the record discloses
no nonfrivolous issues for appeal. We decline to address any
claim of ineffective assistance of counsel, without prejudice to
Longmire’s right to assert such claims in a motion pursuant to
28 U.S.C. § 2255. See United States v. Brewster, 137 F.3d 853,
859 (5th Cir. 1998). Accordingly, counsel’s motion for leave to
-- 1 of 2 --
No. 05-10607
-2-
withdraw is GRANTED, counsel is excused from further
responsibilities herein, and the appeal is DISMISSED. See 5TH
CIR. R. 42.2.
-- 2 of 2 --
