United States v. Sabina Valdez

Case: 09-30480 Document: 00511150362 Page: 1 Date Filed: 06/22/2010

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 22, 2010 No. 09-30480

Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee v.

SABINA LUNA VALDEZ,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:06-CR-60074-8

Before JOLLY, STEWART, and OWEN, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Sabina Luna Valdez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Valdez has filed a response. The record is insufficiently developed to allow consideration at this time of Valdez’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 merits of the allegations.” United States v. Case: 09-30480 Document: 00511150362 Page: 2 Date Filed: 06/22/2010 No. 09-30480

Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). Our independent review of the record, counsel’s brief, and Valdez’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. Valdez’s motion for appointment of substitute counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).