The Federal Public Defender appointed to represent Jorge Amaya Gerardo (Amaya) 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). Amaya has filed a response. The record is insufficiently developed to allow consideration at this time of Amaya’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). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Amaya’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.
537 F. App'x 483
UNITED STATES of America, Plaintiff-Appellee v. Jorge Amaya GERARDO, also known as Jorge Gerardo Amaya, also known as Gerardo Jorge Amaya, Defendant-Appellant.
No. 12-20757
Summary Calendar.
United States Court of Appeals, Fifth Circuit.
July 30, 2013.
Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
United States v. Gerardo
537 F. App'x 483
Case Details
537 F. App'x 483
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