United States v. Gregorio Galindo-Romero

Case: 11-40224 Document: 00511706999 Page: 1 Date Filed: 12/27/2011

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

FILED
December 27, 2011
No. 11-40224
Summary Calendar Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

GREGORIO GALINDO-ROMERO,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:10-CR-263-2

Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Gregorio Galindo-Romero has moved
for leave to withdraw and has filed a brief in accordance with Anders v.
California1 and United States v. Flores.2 Galindo-Romero has filed two
responses. The record is insufficiently developed to allow consideration at this

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
1
386 U.S. 738 (1967).
2
632 F.3d 229 (5th Cir. 2011).
Case: 11-40224 Document: 00511706999 Page: 2 Date Filed: 12/27/2011

No. 11-40224

time of Galindo-Romero’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.’”3 We have reviewed counsel’s brief and the
relevant portions of the record reflected therein, as well as Galindo-Romero’s
responses. 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.4

3
United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (quoting United States
v. Pierce, 959 F.2d 1297, 1301 (5th Cir. 1992)).
4
See 5TH CIR. R. 42.2.