Case: 09-30647 Document: 00511261562 Page: 1 Date Filed: 10/13/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 13, 2010
No. 09-30647
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAUL ALFONSO MENDOZA-MENDOZA, also known as Alfonzo Mendoza, also
known as Alfonso Mendoza,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:09-CR-24-1
Before KING, BENAVIDES, and ELROD, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Raul Alfonso
Mendoza-Mendoza (Mendoza) has moved for leave to withdraw and has filed a
brief in accordance with Anders v. California, 386 U.S. 738 (1967). Mendoza has
filed a response. The record is insufficiently developed to allow consideration at
this time of Mendoza’s claim of ineffective assistance of counsel; such claim
generally “cannot be resolved on direct appeal when [it has] not been raised
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-30647 Document: 00511261562 Page: 2 Date Filed: 10/13/2010
No. 09-30647
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, counsel’s brief, and Mendoza’s response discloses no
nonfrivolous issue for appeal. Accordingly, the motion for leave to withdraw is
GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.
2