USA v. Abraham Rodriguez

Filing

UNPUBLISHED OPINION FILED. [09-40991 Dismissed as Frivolous] Judge: WED , Judge: JES , Judge: LHS. Mandate pull date is 10/04/2010 for Appellant Abraham Salomon Rodriguez; granting motion to withdraw as counsel filed by Attorney Mr. John Riley Friesell for Appellant Mr. Abraham Salomon Rodriguez [6543643-2] [09-40991]

USA v. Abraham Rodriguez

Doc. 0

Case: 09-40991

Document: 00511231342

Page: 1

Date Filed: 09/13/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-40991 S u m m a r y Calendar September 13, 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. A B R A H A M SALOMON RODRIGUEZ, also known as Paco, 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 Southern District of Texas U S D C No. 2:09-CR-43-1

B e fo r e DAVIS, SMITH and SOUTHWICK, Circuit Judges. P E R CURIAM:* T h e attorney appointed to represent Abraham Salomon Rodriguez 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). Rodriguez has filed a response. The record is in s u ffic ie n t ly developed to allow consideration at this time of Rodriguez's claims o f ineffective 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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Dockets.Justia.com

Case: 09-40991

Document: 00511231342 Page: 2 No. 09-40991

Date Filed: 09/13/2010

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 Rodriguez's response discloses no nonfrivolous issue for a p p e a l. Accordingly, the motion for leave to withdraw is GRANTED, counsel is e x c u s e d from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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