USA v. Martinez-Vasquez

Filing 920091007

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-41200 Summary Calendar October 7, 2009 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. DOMINGO MARTINEZ-VASQUEZ, also known as Santiago Martinez-Gonzalez, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:07-CR-361-ALL

Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Domingo MartinezVasquez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Martinez-Vasquez has filed a response. The record is insufficiently developed to allow consideration at this time of Martinez-Vasquez'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 court since no opportunity existed to develop the record
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-41200 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 Martinez-Vasquez'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.

2