Case: 09-40294 Document: 00511086415 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. 09-40294
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAMON SANCHEZ-ROSAS, also known as Ramon Sanchez-Martinez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:08-CR-56-1
Before SMITH, PRADO, and HAYNES, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Ramon Sanchez-
Rosas has moved for leave to withdraw and has filed a brief in accordance with
Anders v. California, 386 U.S. 738 (1967). Sanchez-Rosas has filed a response,
in which he makes a request for appointment of new counsel. The record is
insufficiently developed to allow consideration at this time of Sanchez-Rosas’s
claim of ineffective assistance of counsel; such a claim generally “cannot be
resolved on direct appeal when the claim has not been raised before the district
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40294 Document: 00511086415 Page: 2 Date Filed: 04/20/2010
No. 09-40294
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 Sanchez-Rosas’s response discloses no nonfrivolous
issue for appeal. Accordingly, counsel’s 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. Sanchez-Rosas’s motion for
appointment of new counsel is DENIED. Cf. United States v. Wagner, 158 F.3d
901, 902-03 (5th Cir. 1998).
2