Case: 09-50225 Document: 00511027584 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. 09-50225
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MIGUEL CAMARENA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:07-CR-158-4
Before GARZA, DENNIS, and ELROD, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Miguel Camarena has moved for
leave to withdraw and has filed a brief in accordance with Anders v. California,
386 U.S. 738 (1967). Camarena has filed a response. To the extent that he
raises a claim of ineffective assistance of counsel, the record is insufficiently
developed to allow consideration of the claim at this time; such a claim generally
“cannot be resolved on direct appeal when [it] has not been raised before the
district court since no opportunity existed to develop the record on the merits of
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-50225 Document: 00511027584 Page: 2 Date Filed: 02/12/2010
No. 09-50225
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 Camarena’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