Case: 11-30254 Document: 00511801165 Page: 1 Date Filed: 03/26/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 26, 2012
No. 11-30254
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RUDY CABRERA,
Defendant-Appellant
Appeals from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:09-CR-317-2
Before REAVLEY, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Rudy Cabrera 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). Cabrera
has filed a response.
The record is insufficiently developed to allow consideration at this time
of Cabrera’s claim of ineffective assistance of appellate counsel; such a claim
generally “cannot be resolved on direct appeal when the claim has not been
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-30254 Document: 00511801165 Page: 2 Date Filed: 03/26/2012
No. 11-30254
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 Cabrera’s response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
Accordingly, counsel’s 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. Cabrera’s motion for appointment of substitute counsel is
DENIED.
2