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

United States v. Francisco Torres-Lopez

United States v. Francisco Torres-Lopez
U.S. Court of Appeals for the Fifth Circuit · Decided April 23, 2010 · Smith, Prado, Haynes
375 F. App'x 425

United States v. Francisco Torres-Lopez

Opinion

PER CURIAM: *

The attorney appointed to represent Francisco Torres-Lopez 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). Torres-Lopez has filed a response. The record is insufficiently developed to allow consideration at this time of Torres-Lopez’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. 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 Torres-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 5th Cir. R. 42.2. Torres-Lopez’s motion to strike counsel’s brief and for the appointment of new counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). His motion for leave to file a supplemental brief is GRANTED.

*

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

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