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

FILED October 20, 2009 No. 09-40065 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

FERNANDO ROSAS-LOPEZ,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-644-1

Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Fernando Rosas- Lopez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Rosas-Lopez has filed a response. The record is insufficiently developed to allow consideration at this time of Rosas-Lopez’s’s claim of ineffective assistance of counsel; such a claim generally “cannot be resolved on direct appeal when [it has] not been raised before the district court since no opportunity existed to develop the record on the merits of

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. No. 09-40065

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 Rosas-Lopez’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. Rosas-Lopez’s motion to proceed pro se and for the Anders brief to be stricken are DENIED. See United States v. Wagner,

(5th Cir. 1998).

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