United States v. Lisa Calderon

Case: 09-50385 Document: 00511116070 Page: 1 Date Filed: 05/19/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 19, 2010
No. 09-50385
SummaryCalendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
LISA ANN CALDERON,
Defendant-Appellant
Appeal from the United States District Court
for Western the District of Texas
USDC No. 5:08-CR-165-5
Before WIENER, DeMOSS, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Calderon has moved for leave to
withdraw and has filed a brief in accordance with Anders v. California, 386 U.S.
738 (1967). Calderon has filed a response. The record is insufficiently developed
to allow consideration at this time of Calderon’s claims of ineffective assistance
of counsel; such claims generally “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,
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-50385 Document: 00511116070 Page: 2 Date Filed: 05/19/2010
No. 09-50385
470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation
omitted). Our independent review of the record, counsel’s brief, and Calderon’s
response discloses no nonfrivolous issue for appeal. 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.
MOTION GRANTED; APPEAL DISMISSED.
2