United States v. Jorge Olvera

Case: 09-20808 Document: 00511308867 Page: 1 Date Filed: 12/01/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 1, 2010 No. 09-20808 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. JORGE OLVERA, also known as George Olvera, also known as George Ponce Olvera, also known as George Olbera, also known as Jorge Olevra, Defendant - Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:09-CR-300-1 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jorge Olvera has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Olvera has filed a response. The record is insufficiently developed to allow consideration at this time of Olvera’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 existed * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-20808 Document: 00511308867 Page: 2 Date Filed: 12/01/2010 No. 09-20808 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 Olvera’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 5th Cir. R. 42.2. 2