USA v. Andres Garcia-Vela, No. 13-40271 (5th Cir. 2014)

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This opinion or order relates to an opinion or order originally issued on January 3, 2014.

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Case: 13-40271 Document: 00512488445 Page: 1 Date Filed: 01/03/2014 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-40271 Summary Calendar January 3, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANDRES GARCIA-VELA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-1678-1 Before KING, DAVIS, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Andres Garcia-Vela 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). Garcia-Vela has filed a response. The record is insufficiently developed to allow consideration at this time of Garcia-Vela 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 no opportunity * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40271 Document: 00512488445 Page: 2 Date Filed: 01/03/2014 No. 13-40271 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 Garcia-Vela 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, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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