Case: 10-10259 Document: 00511450270 Page: 1 Date Filed: 04/19/2011

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED April 19, 2011 No. 10-10259 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

EDGAR VIDALES-MORALES,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 2:09-CR-87-1

Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Edgar Vidales- Morales (Vidales) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967), and United States v. Flores,

(5th Cir. 2011). Vidales has filed a response. The record is insufficiently developed to allow consideration at this time of Vidales’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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 10-10259 Document: 00511450270 Page: 2 Date Filed: 04/19/2011

No. 10-10259

since no opportunity existed to develop the record on the merits of the allegations.” United States v. Cantwell,

(5th Cir. 2006) (internal quotation marks and citation omitted). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Vidales’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the 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.

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