USA v. Jose Vizcarra, No. 11-50586 (5th Cir. 2012)

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Case: 11-50586 Document: 00511892009 Page: 1 Date Filed: 06/19/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50586 Conference Calendar June 19, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE RAMON FELIX VIZCARRA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:11-CR-300-1 Before DAVIS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jose Ramon Felix Vizcarra (Felix) 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). Felix has filed a response. The record is insufficiently developed to allow consideration at this time of Felix 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50586 Document: 00511892009 Page: 2 Date Filed: 06/19/2012 No. 11-50586 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). We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Felix 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

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