U.S. Court of Appeals for the Fifth Circuit, 2010

United States v. Ramon Sanchez-Rosas

United States v. Ramon Sanchez-Rosas
U.S. Court of Appeals for the Fifth Circuit · Decided April 22, 2010 · Haynes, Per Curiam, Prado, Smith
375 F. App'x 411

United States v. Ramon Sanchez-Rosas

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Ramon Sanchez-Rosas 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). Sanchez-Rosas has filed a response, in which he makes a request for appointment of new counsel. The record is insufficiently developed to allow consideration at this time of Sanchez-Rosas’s claim of ineffective assistance of counsel; 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, counsel’s brief, and Sanchez-Rosas’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 5th CiR. R. 42.2. Sanchez-Rosas’s motion for appointment of new counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

*

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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