United States v. Oscar Castillo-Larios

U.S. Court of Appeals for the Fifth Circuit
United States v. Oscar Castillo-Larios, 461 F. App'x 367 (5th Cir. 2011)
Benavides, Dennis, Per Curiam, Southwick

United States v. Oscar Castillo-Larios

Opinion

PER CURIAM: *

The attorney appointed to represent Oscar Orlando Castillo-Larios 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), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Castillo-Larios has filed a response. The record is insufficiently developed to allow consideration at this time of Castillo-Larios’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 on the merits of the allegations.” United States v. Cantwell, 470 F.3d 1087, 1091 (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 Castillo-Larios’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 5th Cir. R. 42.2. Castillo-Larios’s request for new appointed counsel is DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Oscar Orlando CASTILLO-LARIOS, Also Known as Oscar Larios, Also Known as Oscar Orlando Larios, Also Known as Oscar Castillo-Larios, Defendant-Appellant
Status
Unpublished