332 F. App'x 990

UNITED STATES of America, Plaintiff-Appellee v. Domingo MARTINEZ-VASQUEZ, also known as Santiago Martinez-Gonzalez, Defendant-Appellant.

No. 08-41200

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 7, 2009.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Sarah Beth Landau, Molly E. Odom, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Domingo Martinez-Vasquez 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). Martinez-Vasquez has filed a response. The record is insufficiently developed to allow consideration at this time of Martinez-Vasquez’s claims of ineffective assistance of counsel; such claims generally “cannot be resolved on direct appeal when [they have] 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). Our independent review of the record, counsel’s brief, and Martinez-Vasquez’s response discloses no nonfrivolous issue for appeal. 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.

United States v. Martinez-Vasquez
332 F. App'x 990

Case Details

Name
United States v. Martinez-Vasquez
Decision Date
Oct 7, 2009
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332 F. App'x 990

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United States

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