USA v. Juan Rojas, Jr., No. 11-40241 (5th Cir. 2012)

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Case: 11-40241 Document: 00511893866 Page: 1 Date Filed: 06/20/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-40241 Summary Calendar June 20, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN MANUEL ROJAS, JR., Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:10-CR-884-1 Before KING, JOLLY, and GRAVES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Juan Manuel Rojas, Jr., 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). Rojas has filed a response and a motion to remove appointed counsel, Joel H. Thomas, and to appoint new counsel. To the extent that Rojas raises a claim of ineffective assistance of counsel, the record is insufficiently developed to allow consideration at this time of Rojas s claim; such a claim generally * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40241 Document: 00511893866 Page: 2 Date Filed: 06/20/2012 No. 11-40241 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 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 Rojas s response. We concur with counsel s assessment that the appeal presents no nonfrivolous issue for appellate review. Rojas s motion is DENIED. 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. 2

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