United States v. Elias Gomez-Guzman , 431 F. App'x 265 ( 2011 )

Case: 10-40968 Document: 00511519710 Page: 1 Date Filed: 06/24/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 24, 2011
No. 10-40968
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ELIAS GOMEZ-GUZMAN,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:09-CR-2528-1
Before JOLLY, GARZA, and STEWART, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Elias Gomez-Guzman
has moved for leave to withdraw and has filed a brief in accordance with Anders
v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th
Cir. 2011). Gomez-Guzman has filed a response. To the extent Gomez-Guzman
asserts a claim of ineffective assistance of counsel, the record is insufficiently
developed to allow consideration of that claim at this time; such a claim
generally “cannot be resolved on direct appeal when the claim has not been
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-40968 Document: 00511519710 Page: 2 Date Filed: 06/24/2011
No. 10-40968
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 Gomez-Guzman’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 5 TH C IR. R. 42.2.
2