Case: 13-40889 Document: 00512574189 Page: 1 Date Filed: 03/26/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40889
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
March 26, 2014
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
CARLOS ENRIQUE MEJIA-MEJIA,
Defendant−Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-2031-1
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Carlos Mejia-Mejia
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40889 Document: 00512574189 Page: 2 Date Filed: 03/26/2014
No. 13-40889
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). Mejia-Mejia has filed a response. The record is insuffi-
ciently developed to allow consideration of Mejia-Mejia’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 to develop the record on the merits of the allegations.”
United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quota-
tion marks and citation omitted).
We have reviewed counsel’s brief, the relevant portions of the rec-
ord reflected therein, and Mejia-Mejia’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.
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