USA v. Miguel Yepez-Aguirre, No. 11-11153 (5th Cir. 2013)

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Case: 11-11153 Document: 00512134242 Page: 1 Date Filed: 02/04/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-11153 Summary Calendar February 4, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MIGUEL YEPEZ-AGUIRRE, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 1:11-CR-34-1 Before WIENER, ELROD, and GRAVES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Miguel Yepez-Aguirre 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). Yepez-Aguirre has filed a response. The record is insufficiently developed to allow consideration at this time of Yepez-Aguirre 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-11153 Document: 00512134242 Page: 2 Date Filed: 02/04/2013 No. 11-11153 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 and the relevant portions of the record reflected therein, as well as Yepez-Aguirre s response. We concur with counsel s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel s 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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