United States v. Lykogiorgos

01-11237Court of Appeals for the Fifth Circuit28 de fev. de 2002

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* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-11237
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NICOLAS LYKOGIORGOS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:01-CR-6-1
--------------------
February 27, 2002
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Nicolas
Lykogiorgos has moved for leave to withdraw, filing a motion and
brief pursuant to Anders v. California, 386 U.S. 738 (1967).
Lykogiorgos has filed a pro se response. The record has not been
adequately developed for this court to consider Lykogiorgos’
ineffective assistance of counsel claims in this direct appeal.
See United States v. Higdon, 832 F.2d 312, 314 (5th Cir. 1987).
Our independent review of the record, counsel’s Anders
motion and brief, and Lykogiorgos’ pro se response discloses no

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nonfrivolous issue for appeal. 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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