United States v. Orlyn Jaime

Case: 13-40289 Document: 00512473978 Page: 1 Date Filed: 12/17/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40289
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 17, 2013
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
ORLYN FRANCISCO S. MORALES JAIME,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:12-CR-665-1
Before DAVIS, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Orlyn Francisco
S. Morales Jaime 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). Morales Jaime has filed a response.
The record is insufficiently developed to allow consideration at this time of
Morales Jaime’s claim of ineffective assistance of counsel; such a claim
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40289 Document: 00512473978 Page: 2 Date Filed: 12/17/2013
No. 13-40289
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 Morales Jaime’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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