Case: 10-10971 Document: 00511584806 Page: 1 Date Filed: 08/26/2011

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

FILED August 26, 2011 No. 10-10971 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JUAN JOSE OROPEZA,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:10-CR-73-1

Before GARZA, SOUTHWICK, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Juan Jose Oropeza 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). Oropeza has filed a response. The record is insufficiently developed to allow consideration at this time of Oropeza’s claims of ineffective assistance of counsel; such claims generally “cannot be resolved on direct appeal when the claim has not been raised before the district court since no opportunity existed

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-10971 Document: 00511584806 Page: 2 Date Filed: 08/26/2011

No. 10-10971

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 Oropeza’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, Oropeza’s motion for the appointment of new counsel is DENIED, 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.

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