United States v. Everardo Puente

Case: 09-10189 Document: 00511085383 Page: 1 Date Filed: 04/20/2010

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED

April 20, 2010 No. 09-10189

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

Plaintiff-Appellee v.

EVERARDO PUENTE,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:05-CR-51-4

Before SMITH, PRADO, and HAYNES, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Everardo Puente has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Puente has filed a response. The record is insufficiently developed to allow consideration at this time of Puente’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.”

Case: 09-10189 Document: 00511085383 Page: 2 Date Filed: 04/20/2010 No. 09-10189

United States v. 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 Puente’s response discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See TH C IR. R. 42.2.