United States v. Driscoll

* 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this opinion should not be published and is not precedent except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
June 20, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-10876
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROY G. DRISCOLL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:05-CR-164-ALL
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Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Roy G.
Driscoll has moved for leave to withdraw and has filed a brief in
accordance with Anders v. California, 386 U.S. 738 (1967).
Driscoll has filed a response. The record is insufficiently
developed to allow consideration at this time of Driscoll’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 brief, and Driscoll’s
response discloses no nonfrivolous issue for appeal.

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No. 06-10876
-2-
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.

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