United States v. Rafael Castro-Olivares

Case: 11-40734 Document: 00511699683 Page: 1 Date Filed: 12/19/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 19, 2011
No. 11-40734
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAFAEL CASTRO-OLIVARES, also known as Rafael Olivarea-Castro,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:11-CR-252-1
Before KING, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Rafael Castro-Olivares 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).
Castro-Olivares has filed a response. The record is insufficiently developed to
allow consideration at this time of Castro-Olivares’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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40734 Document: 00511699683 Page: 2 Date Filed: 12/19/2011
No. 11-40734
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 Castro-Olivares’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