USA v. Jeronimo Morillon

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USA v. Jeronimo Morillon

Doc. 0

Case: 09-41117

Document: 00511206361

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 . 09-41117 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. J E R O N I M O MORILLON, 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-411-1

B e fo r e DAVIS, SMITH, and WIENER, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Jeronimo Morillon h a s moved for leave to withdraw and has filed a brief in accordance with Anders v . California, 386 U.S. 738 (1967). Morillon has filed a response. The record is in s u ffic ie n t ly developed to allow consideration at this time of Morillon'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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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Case: 09-41117

Document: 00511206361 Page: 2 No. 09-41117

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 Morillon'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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