USA v. Gilberto Rueda

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USA v. Gilberto Rueda

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Case: 09-40884

Document: 00511205492

Page: 1

Date Filed: 08/17/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-40884 C o n fe r e n c e Calendar August 17, 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. G I L B E R T O RUEDA, 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 Eastern District of Texas U S D C No. 1:08-CR-112-1

B e fo r e DAVIS, SMITH, and WIENER, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Gilberto Rueda 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). Rueda has filed a response. The record is in s u ffic ie n t ly developed to allow consideration at this time of Rueda's claims of in e ffe c t iv e assistance of counsel; such claims generally "cannot be resolved on d ir e c t appeal when [they have] not been raised before the district court since no o p p o r t u n it y existed to develop the record on the merits of the allegations."
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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Case: 09-40884

Document: 00511205492 Page: 2 No. 09-40884

Date Filed: 08/17/2010

U n ite d States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal q u o t a t io n marks and citation omitted). Our independent review of the record, c o u n s e l's brief, and Rueda's response discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused fr o m further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH CIR. R. 42.2.

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