USA v. Aranda-Hernandez

Filing 920090625

Opinion

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-11004 Summary Calendar June 24, 2009 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. OLBIN YOVANY ARANDA-HERNANDEZ Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:08-CR-31-2

Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Olbin Yovany Aranda-Hernandez (Aranda) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Aranda has filed a response. The record is insufficiently developed to allow consideration at this time of Aranda's claim of ineffective assistance of counsel; such claims generally "cannot be resolved on direct appeal when [they have] not been raised before the district court since no opportunity existed to develop the record on the merits of the
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
*

No. 08-11004 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 Aranda's response discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Aranda's motion for the appointment of new counsel is DENIED.

2