USA v. Rene Olivarez, No. 13-40057 (5th Cir. 2013)

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The court issued a subsequent related opinion or order on January 20, 2014.

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Case: 13-40057 Document: 00512455836 Page: 1 Date Filed: 11/29/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-40057 Summary Calendar November 29, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RENE OLIVAREZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:12-CR-391-2 Before KING, DAVIS, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Rene Olivarez 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). Olivarez has filed a reply to counsel s Anders motion and has moved to strike counsel s Anders brief, proceed pro se on appeal, and file a pro se brief. The record is insufficiently developed to allow consideration at this time of Olivarez s claims of ineffective assistance of counsel; such claims 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40057 Document: 00512455836 Page: 2 Date Filed: 11/29/2013 No. 13-40057 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 Olivarez 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; Olivarez s motion to strike counsel s brief, proceed pro se, and file a pro se brief is DENIED; counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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