United States v. Edgar Rivera-Gaona

Case: 13-40445 Document: 00512540519 Page: 1 Date Filed: 02/21/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40445 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. EDGAR JAVIER RIVERA-GAONA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-1974-1 Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Edgar Javier Rivera-Gaona (Rivera) has moved for leave 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). Rivera has filed a response. The record is insufficiently developed to allow consideration at this time of Rivera’s claim of ineffective assistance of counsel; such a claim generally “cannot be resolved * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40445 Document: 00512540519 Page: 2 Date Filed: 02/21/2014 No. 13-40445 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 and the relevant portions of the record reflected therein, as well as Rivera’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