421 F. App'x 348

UNITED STATES of America, Plaintiff-Appellee v. Jose Luis ORONA-CASTILLO, Defendant-Appellant.

No. 10-50857

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 5, 2011.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Alexander Lee Calhoun, Austin, TX, for Defendant-Appellant.

*349Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Jose Luis Orona-Castillo 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). Orona-Castillo has filed a response. The record is insufficiently developed to allow consideration at this time of Orona-Castillo’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, and Orona-Castillo’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. OronaCastillo’s request for appointment of counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir.1998).

United States v. Orona-Castillo
421 F. App'x 348

Case Details

Name
United States v. Orona-Castillo
Decision Date
Apr 5, 2011
Citations

421 F. App'x 348

Jurisdiction
United States

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