USA v. Francisco Torres-Lopez, No. 09-50647 (5th Cir. 2010)

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Case: 09-50647 Document: 00511090695 Page: 1 Date Filed: 04/23/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-50647 Conference Calendar April 23, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRANCISCO TORRES-LOPEZ, also known as Francisco Javier Torres-Lopez, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:08-CR-928-1 Before SMITH, PRADO, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Francisco Torres-Lopez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Torres-Lopez has filed a response. The record is insufficiently developed to allow consideration at this time of Torres-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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-50647 Document: 00511090695 Page: 2 No. 09-50647 Date Filed: 04/23/2010 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 Torres-Lopez 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. Torres-Lopez s motion to strike counsel s brief and for the appointment of new counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). His motion for leave to file a supplemental brief is GRANTED. 2

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