United States v. Toliver

No. 99-40368
-1-
* 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that this opinion should not be published and is not precedent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. 99-40368
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SHIRLEY JEAN TOLIVER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. V-98-CR-29-2
--------------------
February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Shirley Jean Toliver has moved
for leave to withdraw and filed a brief as required by Anders v.
California, 386 U.S. 738 (1967). Toliver has filed a pro se
appeal brief in response to the instant motion and contends, in
part, that she was denied the effective assistance of counsel.
The record has not been adequately developed for us to consider
Toliver’s argument on direct appeal. See United States v. Haese,
162 F.3d 359, 363-64 (5th Cir. 1998), cert. denied, 119 S. Ct.

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No. 99-40368
-2-
1795 (1999). Our independent review of counsel’s brief,
Toliver’s brief, and the record 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.

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