U.S. Court of Appeals for the Fifth Circuit, 2014

United States v. Avila

United States v. Avila
U.S. Court of Appeals for the Fifth Circuit · Decided April 16, 2014 · Elrod, Haynes, Prado
564 F. App'x 63

United States v. Avila

Opinion of the Court

PER CURIAM: *

The attorney appointed to represent Ernesto Avila 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). Avila has filed a response. The record is insufficiently developed to allow consideration at this time of Avila’s claim *64of 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 Avila’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. Avila’s motion for appointment of new counsel is DENIED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *64published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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