United States v. Malone

¶1 The attorney appointed to represent Charles L. Malone has moved for 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). Malone has filed a response, which includes claims of ineffective assistance of counsel. The record is insufficiently developed to allow consideration at this time of Malone’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 Malone’s response discloses no nonfrivolous issue for appeal. Accordingly, the 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. To the extent Malone moves to proceed pro se on appeal, his motion is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir.1998).