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

FILED February 18, 2009 No. 08-10544 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

RODOLFO FLORES, also known as Rudolfo Flores

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:06-CR-188-16

Before HIGGINBOTHAM, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* The attorney appointed to represent Rodolfo Flores has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Flores has filed a response. The record is insufficiently developed to allow consideration at this time of Flores’s claim 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

* Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-10544

develop the record on the merits of the allegations.” United States v. Cantwell,

(5th Cir. 2006) (internal quotation marks and citation omitted). Our independent review of the record, counsel’s brief, and Flores’s response 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 5 TH C IR. R. 42.2.

2