United States v. Oscar Castillo-Larios

Case: 10-50827 Document: 00511640617 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. 10-50827 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OSCAR ORLANDO CASTILLO-LARIOS, also known as Oscar Larios, also known as Oscar Orlando Larios, also known as Oscar Castillo-Larios, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:08-CR-931-1 Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Oscar Orlando Castillo-Larios 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). Castillo-Larios has filed a response. The record is insufficiently developed to allow consideration at this time of Castillo-Larios’s claim of ineffective assistance of counsel; such a claim generally “cannot be resolved on * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-50827 Document: 00511640617 Page: 2 Date Filed: 10/21/2011 No. 10-50827 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 Castillo-Larios’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. Castillo-Larios’s request for new appointed counsel is DENIED. 2