U.S. Court of Appeals for the Fifth Circuit, 2013

United States v. Juan Saucedo

United States v. Juan Saucedo
U.S. Court of Appeals for the Fifth Circuit · Decided August 21, 2013 · Jolly, Smith, Clement
539 F. App'x 413

United States v. Juan Saucedo

Opinion

PER CURIAM: *

The attorney appointed to represent Juan Saucedo 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). Saucedo has not filed a response. The record is insufficiently developed to allow consideration at this time of Saucedo’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. We concur with counsel’s assessment that the appeal presents no nonfrivo-lous 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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