United States v. Gonzales-Cornejo

365 F. App'x 555

Opinion

Case: 08-40194 Document: 00511027021 Page: 1 Date Filed: 02/12/2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED February 12, 2010 No. 08-40194 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GILBERTO GONZALES-CORNEJO,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:07-CR-1505-ALL

Before GARZA, DENNIS, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Gilberto Gonzales- Cornejo has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Gonzales-Cornejo has filed a response and has moved for this court to appoint substitute counsel. The record is insufficiently developed to allow consideration at this time of Gonzales-Cornejo’s claims of ineffective assistance of counsel; such claims generally “cannot be resolved on direct appeal when [they have] not been raised before the district

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 08-40194 Document: 00511027021 Page: 2 Date Filed: 02/12/2010 No. 08-40194

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). Our independent review of the record, counsel’s brief, and Gonzales-Cornejo’s response discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to withdraw is GRANTED, Gonzales-Cornejo’s motion for appointment of substitute counsel is DENIED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.