471 F. App'x 384

UNITED STATES of America, Plaintiff-Appellee v. Juan Manuel ROJAS, Jr., Defendant-Appellant.

No. 11-40241

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

June 20, 2012.

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

Joel Hughes Thomas, Esq., Law Office of Joel H. Thomas, Sinton, TX, for Defendant-Appellant.

Juan Manuel Rojas, Jr., Oakdale, LA, pro se.

Before KING, JOLLY, and GRAVES, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Juan Manuel Rojas, Jr., 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). Rojas has filed a response and a motion to remove appointed counsel, Joel H. Thomas, and to appoint new counsel. To the extent that Rojas raises a claim of ineffective assistance of counsel, the record is insufficiently developed to allow consideration at this time of Rojas’s claim; 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 *385therein, as well as Rojas’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Rojas’s motion is DENIED. 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. Rojas
471 F. App'x 384

Case Details

Name
United States v. Rojas
Decision Date
Jun 20, 2012
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471 F. App'x 384

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United States

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