513 F. App'x 374

UNITED STATES of America, Plaintiff-Appellee v. Juan Carlos CHINO-MARCIAL, also known as Juan Carlos Mejia, Defendant-Appellant.

No. 12-40682

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Feb. 19, 2013.

Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Molly Estelle Odom, Esq., H. Michael Sokolow, Assistant Federal Public Defenders, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before KING, CLEMENT, and HAYNES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Juan Carlos Chino-Marcial (Chino) 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). Chino has filed a response.

The record is insufficiently developed to allow consideration at this time of Chino’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). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Chino’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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. Chino-Marcial
513 F. App'x 374

Case Details

Name
United States v. Chino-Marcial
Decision Date
Feb 19, 2013
Citations

513 F. App'x 374

Jurisdiction
United States

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