USA v. Lopez, No. 08-41074 (5th Cir. 2010)

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Case: 08-41074 Document: 00511085463 Page: 1 Date Filed: 04/20/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-41074 Conference Calendar April 20, 2010 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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 No. 08-41074 Date Filed: 04/20/2010 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

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