Case: 12-41386 Document: 00512305870 Page: 1 Date Filed: 07/12/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 12, 2013
No. 12-41386
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
GONZOLO GONZALES,
Also Known as Gonzolo Gonzalez, Also Known as Pau Pau,
Defendant–Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
No. 4:11-CR-259-6
Before SMITH, PRADO, and HIGGINSON, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Gonzolo Gonzales has moved for leave
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41386 Document: 00512305870 Page: 2 Date Filed: 07/12/2013
No. 12-41386
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). Gon-
zales has filed a response. The record is insufficiently developed to allow consid-
eration of Gonzales’s claim of ineffective assistance of counsel; such a claim gen-
erally “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, relevant portions of the record reflected
therein, and Gonzales’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