Case: 10-41329 Document: 00511640770 Page: 1 Date Filed: 10/21/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 21, 2011
No. 10-41329
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
PEDRO CHAVEZ RODRIGUEZ, JR., also known as Pedro Rodriguez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:04-CR-560-1
Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Pedro Chavez Rodriguez, Jr., has
moved for leave to withdraw and has filed briefs in accordance with Anders v.
California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th
Cir. 2011). Rodriguez has filed a response. The record is insufficiently
developed to allow consideration at this time of Rodriguez’s claims 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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-41329 Document: 00511640770 Page: 2 Date Filed: 10/21/2011
No. 10-41329
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 briefs and the relevant portions
of the record reflected therein, as well as Rodriguez’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, Rodriguez’s
motion for appointment of substitute counsel is DENIED, counsel is excused
from further responsibilities herein, and the APPEAL IS DISMISSED. See
5TH CIR. R. 42.2.
2