United States v. Garcia , 293 F. App'x 293 ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 18, 2008
No. 07-40711
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ELISEO GARCIA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:-06-CR-522-11
Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Eliseo Garcia has moved for leave to
withdraw and has filed a brief in accordance with Anders v. California, 386 U.S.
738 (1967). Garcia has filed a response.
The record is insufficiently developed to allow consideration, at this time,
of Garcia’s claims of ineffective assistance of counsel. Such claims, generally,
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
No. 07-40711
“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 Garcia’s response discloses no nonfrivolous issue for
appeal.
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. Garcia’s motion for the appointment of new counsel is
DENIED.
2