United States v. Rascon

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
August 18, 2009
No. 08-50809
Conference Calendar Charles R. Fulbruge III
Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RUBEN GASTELUM RASCON, also known as Ruben Gastelum-Rascon, also
known as Jesus Lopez-Macias,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:07-CR-3228-ALL

Before HIGGINBOTHAM, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Ruben Gastelum Rascon has moved
for leave to withdraw and has filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967). Gastelum Rascon has filed a response and
requested the appointment of new counsel. The record is insufficiently
developed to allow consideration at this time of Gastelum Rascon’s claim of
ineffective assistance of counsel; such claims 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
 No. 08-50809

direct appeal when [they have] 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). Our independent review of the record,
counsel’s brief, and Gastelum Rascon’s response discloses no nonfrivolous issue
for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel
is excused from further responsibilities herein, Gastelum Rascon’s motion for
appointment of new counsel is DENIED, and the APPEAL IS DISMISSED. See
5 TH C IR. R. 42.2.

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