United States v. 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 14, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10173
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
REGINALD WAYNE DAVIS, also known as Old School,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:04-CR-41-5
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Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Reginald Wayne 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 to counsel’s motion. Our independent review of
the record, counsel’s brief, and Davis’s response shows that
there are no nonfrivolous issues for appeal. The record is
insufficiently developed to allow consideration of Davis’s claims
of ineffective assistance of counsel in this direct appeal. See
United States v. Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987).

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No. 05-10173
-2-
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.

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