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United States v. Edith Amadi, 12-10847 (2013)

Court: Court of Appeals for the Fifth Circuit Number: 12-10847 Visitors: 4
Filed: Jun. 18, 2013
Latest Update: Mar. 28, 2017
Summary: Case: 12-10847 Document: 00512277612 Page: 1 Date Filed: 06/18/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 18, 2013 No. 12-10847 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EDITH AMADI, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:11-CR-30-4 Before JONES, OWEN, and GRAVES, Circuit Judges. PER CURIAM:* The attorn
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     Case: 12-10847       Document: 00512277612         Page: 1     Date Filed: 06/18/2013




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                    Fifth Circuit

                                                                            FILED
                                                                           June 18, 2013
                                     No. 12-10847
                                  Conference Calendar                      Lyle W. Cayce
                                                                                Clerk

UNITED STATES OF AMERICA,

                                                  Plaintiff-Appellee

v.

EDITH AMADI,

                                                  Defendant-Appellant


                   Appeal from the United States District Court
                        for the Northern District of Texas
                             USDC No. 3:11-CR-30-4


Before JONES, OWEN, and GRAVES, Circuit Judges.
PER CURIAM:*
       The attorney appointed to represent Edith Amadi has moved for leave to
withdraw and has filed a brief in accordance with Anders v. California, 
386 U.S. 738
 (1967), and United States v. Flores, 
632 F.3d 229
 (5th Cir. 2011). Amadi has
filed a response. The record is insufficiently developed to allow consideration at
this time of Amadi’s claims of ineffective assistance of counsel; such claims
generally “cannot be resolved on direct appeal when [they have] not been raised
before the district court since no opportunity existed to develop the record on the

       *
         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.
    Case: 12-10847     Document: 00512277612     Page: 2   Date Filed: 06/18/2013

                                  No. 12-10847

merits of the allegations.” United States v. Cantwell, 
470 F.3d 1087
, 1091 (5th
Cir. 2006) (internal quotation marks and citation omitted). We have reviewed
counsel’s brief and the relevant portions of the record reflected therein, as well
as Amadi’s response. We concur with counsel’s assessment that the appeal
presents no nonfrivolous issue for appellate review. 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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Source:  CourtListener

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