USA v. Lucio Garza-Ibarra, No. 13-40496 (5th Cir. 2013)

Annotate this Case
Download PDF
Case: 13-40496 Document: 00512474195 Page: 1 Date Filed: 12/17/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40496 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 17, 2013 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. LUCIO GARZA-IBARRA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:12-CR-1042-1 Before DAVIS, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Lucio Garza-Ibarra 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). Garza-Ibarra has filed a response in which he moves for the appointment of new counsel. The record is insufficiently developed to allow consideration at this time of Garza-Ibarra s claim of ineffective assistance of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40496 Document: 00512474195 Page: 2 Date Filed: 12/17/2013 No. 13-40496 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 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 Garza-Ibarra 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. Garza-Ibarra s motion for the appointment of new counsel is DENIED. 2