No. 07-51461 Conference Calendar.United States Court of Appeals, Fifth Circuit.
June 16, 2009.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
Orlando Escuadra, Three Rivers, TX, pro se.
Appeal from the United States District Court for the Western District of Texas, USDC No. 1:07-CR-13-5.
Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM:[*]
The attorney appointed to represent Orlando Escuadra on appeal has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Escuadra has not filed a response; however, the attorney indicates in his Anders
brief that Escuadra claims ineffective assistance of counsel during the district court proceedings. The record is insufficiently developed to allow consideration at this time of Escuadra’s claim 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, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted).
Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s 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.