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136 F. App'x 656

United States v. Williams

U.S. Courts of Appeals

Decided June 22, 2005

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U.S. Courts of Appeals · decided 2005-06-22

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Anders v. California · United States v. Higdon

Decided 2005-06-22

PER CURIAM: *

¶1 The attorney appointed to represent Darrel Darnell Williams has moved for *657 leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the record, counsel’s brief, and Williams’s response shows that there are no nonfrivolous issues for appeal. The record is insufficiently developed to allow consideration on direct appeal of Williams’s claim of ineffective assistance of counsel. See United States v. Higdon, 832 F.2d 312, 314 (5th Cir.1987). Accordingly, without prejudice to Williams’s right to file a motion pursuant to 28 U.S.C. § 2255, 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.

*

¶2 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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