Case: 10-10750 Document: 00511450021 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. 10-10750 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ELIAS ARZOLA,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:10-CR-41-4

Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Elias Arzola 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). Arzola has filed a response. The record is insufficiently developed to allow consideration at this time of Arzola’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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-10750 Document: 00511450021 Page: 2 Date Filed: 04/19/2011

No. 10-10750

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 Arzola’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, Arzola’s motion for the appointment of new counsel is DENIED, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.

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