United States v. Henry Villanueva

Case: 10-50686 Document: 00511640433 Page: 1 Date Filed: 10/21/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 21, 2011
No. 10-50686
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HENRY VILLANUEVA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:08-CR-232-6
Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Henry Villanueva 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).
Villanueva has filed a response. To the extent that Villanueva’s brief may be
construed to raise a claim of ineffective assistance of counsel, the record is
insufficiently developed to allow consideration of the 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-50686 Document: 00511640433 Page: 2 Date Filed: 10/21/2011
No. 10-50686
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 Villanueva’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, Villanueva’s motion for appointment of new counsel is
DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
2