USA v. Fortunato Mendoza-De Los Santo, No. 11-40110 (5th Cir. 2011)

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Case: 11-40110 Document: 00511699415 Page: 1 Date Filed: 12/19/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-40110 Conference Calendar December 19, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FORTUNATO MENDOZA-DE LOS SANTOS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:10-CR-847-1 Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Fortunato Mendoza-De Los Santos (Mendoza) 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). Mendoza has filed a response. The record is insufficiently developed to allow consideration at this time of Mendoza 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40110 Document: 00511699415 Page: 2 Date Filed: 12/19/2011 No. 11-40110 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 and the relevant portions of the record reflected therein, as well as Mendoza 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, Mendoza s motion to appoint new counsel is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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