Case: 08-41074 Document: 00511085463 Page: 1 Date Filed: 04/20/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 20, 2010
No. 08-41074
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
STEVE ALLEN LOPEZ, also known as Wildman,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:05-CR-346-2
Before SMITH, PRADO, and HAYNES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Steve Allen Lopez has moved for leave
to withdraw and has filed a brief in accordance with Anders v. California,
386 U.S. 738 (1967). Lopez has filed a response. The record is insufficiently
developed to allow consideration at this time of Lopez’s claims of ineffective
assistance of counsel; such claims generally “cannot be resolved on 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.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 08-41074 Document: 00511085463 Page: 2 Date Filed: 04/20/2010
No. 08-41074
Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and
citation omitted). Similarly, the record is insufficiently developed to permit
consideration of Lopez’s claim that his guilty plea was made under coercion and
duress. See United States v. Corbett, 742 F.2d 173, 176-78 (5th Cir. 1984). He
may urge such a claim in a motion pursuant to 28 U.S.C. § 2255. See id. at 178
n.11. Our independent review of the record, counsel’s brief, and Lopez’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