United States v. Santos Rodriguez-Rios

Case: 13-40084 Document: 00512473068 Page: 1 Date Filed: 12/17/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40084
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 17, 2013
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
SANTOS RODRIGUEZ-RIOS, also known as Juan Miguel Sosa, also known as
Jorge Ambriz Garcia,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:11-CR-6-6
Before DAVIS, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Santos Rodriguez-Rios (Rodriguez)
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). Rodriguez has filed a response. The record is insufficiently
developed to allow consideration at this time of Rodriguez’s claim of ineffective
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40084 Document: 00512473068 Page: 2 Date Filed: 12/17/2013
No. 13-40084
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 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 Rodriguez’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.
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