USA v. Carlos Mejia-Mejia, No. 13-40889 (5th Cir. 2014)

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Case: 13-40889 Document: 00512574189 Page: 1 Date Filed: 03/26/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40889 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 26, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff Appellee, versus CARLOS ENRIQUE MEJIA-MEJIA, Defendant Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-2031-1 Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Carlos Mejia-Mejia 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40889 Document: 00512574189 Page: 2 Date Filed: 03/26/2014 No. 13-40889 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). Mejia-Mejia has filed a response. The record is insufficiently developed to allow consideration of Mejia-Mejia 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. United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). We have reviewed counsel s brief, the relevant portions of the record reflected therein, and Mejia-Mejia 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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