United States v. Daugherty

* 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that this opinion should not be published and is not precedent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 23, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-11042
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CURTIS DALE DAUGHERTY,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:01-CR-069-01-C
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
The Federal Public Defender, appointed to represent Curtis
Dale Daugherty (“Daugherty”), has requested leave to withdraw and
has filed a brief as required by Anders v. California, 386 U.S.
738 (1967). Daugherty has received a copy of counsel’s motion
and brief and has filed a response. Our independent review of
the brief and the record discloses no nonfrivolous issue for
appeal. The record has not been adequately developed for us to
consider in this direct appeal the ineffective assistance claims

-- 1 of 2 --

No. 02-11042
-2-
raised by Daugherty. See United States v. Gibson, 55 F.3d 173,
179 (5th Cir. 1995). Counsel’s motion for leave to withdraw is
GRANTED, counsel is excused from further responsibilities, and
the appeal is DISMISSED. See 5TH CIR. R. 42.2.
MOTION GRANTED; APPEAL DISMISSED.

-- 2 of 2 --