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

United States v. Yanez

United States v. Yanez
U.S. Court of Appeals for the Fifth Circuit · Decided April 20, 2010 · Haynes, Prado, Smith
373 F. App'x 511

United States v. Yanez

Opinion of the Court

PER CURIAM: *

The Federal Public Defender appointed to represent Adam Alcantar Yanez 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). Yanez has filed a response. The record is insufficiently developed to allow consideration at this time of Yanez’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 Yanez’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 5th Cir. R. 42.2. Yanez’s request for appointment of counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

Pursuant to 5th Cut R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5tii Cir. R. 47.5.4.

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