United States v. Cavazos

Case: 09-50056 Document: 00511027574 Page: 1 Date Filed: 02/12/2010

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

FILED
February 12, 2010
No. 09-50056
Conference Calendar Charles R. Fulbruge III
Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JORGE ARMANDO CAVAZOS, also known as Jorge Armando Cavazos-
Almanza,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:08-CR-219-ALL

Before GARZA, DENNIS, and ELROD, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Jorge Armando Cavazos has moved
for leave to withdraw and has filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967). Cavazos has filed a response. The record is
insufficiently developed to allow consideration at this time of Cavazos’s claim of
ineffective assistance of appellate counsel; such a claim generally “cannot be
resolved on direct appeal when [it] has not been raised before the district court

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-50056 Document: 00511027574 Page: 2 Date Filed: 02/12/2010
No. 09-50056

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 Cavazos’s response discloses no nonfrivolous issue for
appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is
excused from further responsibilities herein, and the APPEAL IS DISMISSED.
See 5 TH C IR. R. 42.2.

2