USA v. Hiluterio Chavez, No. 09-10879 (5th Cir. 2011)

Annotate this Case

Download PDF

Case: 09-10879 Document: 00511381973 Page: 1 Date Filed: 02/15/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-10879 Conference Calendar February 15, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HILUTERIO CHAVEZ, also known as Zeus, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:09-CR-4-16 Before HIGGINBOTHAM, GARZA, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Hiluterio Chavez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Chavez has filed a response. The record is insufficiently developed to allow consideration at this time of Chavez 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-10879 Document: 00511381973 Page: 2 Date Filed: 02/15/2011 No. 09-10879 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 Chavez 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.