USA v. Samuel Ucles

Filing 920100624

Case: 09-40787

Document: 00511149912

Page: 1

Date Filed: 06/22/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-40787 Summary Calendar June 22, 2010 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. SAMUEL UCLES, Defendant-Appellant

Appeal from the United States District Court for Southern the District of Texas USDC No. 5:08-CR-1940-1

Before JOLLY, WIENER, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Samuel Ucles has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Ucles has filed a response. With respect to Ucles'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 on the merits of the allegations." United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006)
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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: 09-40787

Document: 00511149912 Page: 2 No. 09-40787

Date Filed: 06/22/2010

(internal quotation marks and citation omitted). With respect to Ucles's remaining claims, our independent review of the record, the response, and counsel's brief discloses no nonfrivolous issue for appeal. 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.

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