U.S. Court of Appeals for the Fifth Circuit, 2008

United States v. Ramirez-Martinez

United States v. Ramirez-Martinez
U.S. Court of Appeals for the Fifth Circuit · Decided August 19, 2008 · Wiener, Stewart, Clement
288 F. App'x 986

United States v. Ramirez-Martinez

Opinion

PER CURIAM: *

The attorney appointed to represent De-fen dant-App ell ant Armando Ramirez-Martinez (Ramirez) 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). Ramirez has not filed a response. Although counsel suggests that Ramirez may have a nonfrivolous claim of ineffective assistance of counsel, the record is insufficiently developed to allow consideration of that claim at this juncture. Such a claim generally “cannot be resolved on direct appeal when the claim has not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations.” United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). Our independent review of the record and counsel’s brief discloses no 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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