Case: 09-41214 Document: 00511274454 Page: 1 Date Filed: 10/26/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 26, 2010
No. 09-41214
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE ZAVALA-MOLINA, also known as Jose Angel Zavala-Molina, also known
as Jose Zabala, also known as Jose Zabala-Molina,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:09-CR-734-1
Before SMITH, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Jose Zavala-Molina
has moved for leave to withdraw and has filed a brief in accordance with Anders
v. California, 386 U.S. 738 (1967). Zavala-Molina has filed a response. To the
extent Zavala-Molina is raising a claim of ineffective assistance of counsel, the
record is insufficiently developed at this time to allow for its consideration; such
claims generally “cannot be resolved on direct appeal when [they have] not been
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-41214 Document: 00511274454 Page: 2 Date Filed: 10/26/2010
No. 09-41214
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, counsel’s brief, and Zavala-Molina’s response
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 5 TH C IR. R. 42.2.
2