USA v. Ramon Sanchez-Rosas, No. 09-40294 (5th Cir. 2010)

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Case: 09-40294 Document: 00511086415 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. 09-40294 Conference Calendar April 20, 2010 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 SanchezRosas 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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 No. 09-40294 Date Filed: 04/20/2010 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

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