USA v. Naun Navarro-Mejia, No. 09-40798 (5th Cir. 2010)

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Case: 09-40798 Document: 00511206233 Page: 1 Date Filed: 08/17/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-40798 Conference Calendar August 17, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. NAUN NAVARRO-MEJIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:09-CR-743-1 Before DAVIS, SMITH, and WIENER, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Naun Navarro-Mejia has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Navarro-Mejia has filed a response. The record is insufficiently developed to allow consideration at this time of NavarroMejia 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40798 Document: 00511206233 Page: 2 No. 09-40798 Date Filed: 08/17/2010 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 Navarro-Mejia 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. 2

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