United States v. Joe Rivas, Jr.

Case: 11-11148 Document: 00512099500 Page: 1 Date Filed: 01/03/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 3, 2013
No. 11-11148
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOE GARY RIVAS, JR.,
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 6:02-CR-42-1
Before REAVLEY, JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Joe Gary Rivas, Jr., 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).
Rivas has filed a response. The record is insufficiently developed to allow
consideration at this time of Rivas’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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-11148 Document: 00512099500 Page: 2 Date Filed: 01/03/2013
No. 11-11148
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 Rivas’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.
2