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U.S. v. Guajardo

United States Court of Appeals, Fifth Circuit
Jun 21, 2011
429 F. App'x 428 (5th Cir. 2011)

Opinion

No. 10-20601 Conference Calendar.

June 21, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Clinard J. Hanby, Esq., The Woodlands, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:09-CR-394-1.

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.


The attorney appointed to represent Oscar Guajardo has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Guajardo has filed a response. The record is insufficiently developed to allow consideration at this time of Guajardo's claims 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 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 Guajardo'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, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Guajardo's motion to place his response under seal is GRANTED.


Summaries of

U.S. v. Guajardo

United States Court of Appeals, Fifth Circuit
Jun 21, 2011
429 F. App'x 428 (5th Cir. 2011)
Case details for

U.S. v. Guajardo

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee v. Oscar GUAJARDO…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 21, 2011

Citations

429 F. App'x 428 (5th Cir. 2011)