USA v. Alejandro Tovar, No. 11-20836 (5th Cir. 2013)

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Case: 11-20836 Document: 00512346679 Page: 1 Date Filed: 08/20/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-20836 Conference Calendar August 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALEJANDRO TOVAR, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:10-CR-106-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Alejandro Tovar has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Tovar has filed a response. The record is insufficiently developed to allow consideration at this time of Tovar 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 existed to develop the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20836 Document: 00512346679 Page: 2 Date Filed: 08/20/2013 No. 11-20836 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 briefs and the relevant portions of the record reflected therein, as well as Tovar s response. The Government did not breach the plea agreement. 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. Tovar s motion for appointment of new counsel is DENIED. 2