United States v. Juan Patino

Case: 12-10351 Document: 00512085755 Page: 1 Date Filed: 12/17/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 17, 2012 No. 12-10351 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN LOUIS PATINO, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 2:10-CR-50-1 Before DAVIS, OWEN, and HIGGINSON, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Juan Louis Patino has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Patino has filed a response. The record is insufficiently developed to allow consideration at this time of Patino’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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10351 Document: 00512085755 Page: 2 Date Filed: 12/17/2012 No. 12-10351 Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Patino’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2