USA v. David Zacarias

Filing

UNPUBLISHED OPINION FILED. [09-11229 Dismissed as frivolous] Judge: EGJ , Judge: EMG , Judge: CES Mandate pull date is 10/22/2010 for Appellant David Zacarias; granting motion to withdraw as counsel filed by Attorney Mr. Jason Douglas Hawkins for Appellant Mr. David Zacarias [6488408-2] [09-11229]

USA v. David Zacarias

Doc. 0

Case: 09-11229

Document: 00511250852

Page: 1

Date Filed: 10/01/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-11229 S u m m a r y Calendar October 1, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. D A V I D ZACARIAS, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Northern District of Texas U S D C No. 4:07-CR-92-1

B e fo r e JOLLY, GARZA, and STEWART, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent David Zacarias has m o v e d for leave to withdraw and has filed a brief in accordance with Anders v. C a lifo r n ia , 386 U.S. 738 (1967). Zacarias has filed a response. To the extent t h a t he raises a claim of ineffective assistance of counsel, the record is in s u ffic ie n t ly developed to allow consideration of the claim at this time; such a c la im generally "cannot be resolved on direct appeal when the claim has not been r a is e d 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

Dockets.Justia.com

Case: 09-11229

Document: 00511250852 Page: 2 No. 09-11229

Date Filed: 10/01/2010

o n the merits of the allegations." United States v. Cantwell, 470 F.3d 1087, 1091 (5 t h Cir. 2006) (internal quotation marks and citation omitted). Our

in d e p e n d e n t review of the record, counsel's brief, and Zacarias's response d is c lo s e s no nonfrivolous issue for appeal. Accordingly, counsel's motion for le a v e to withdraw is GRANTED, counsel is excused from further responsibilities h e r e in , and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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