USA v. Jose Jaimes

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USA v. Jose Jaimes

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Case: 09-41145

Document: 00511222103

Page: 1

Date Filed: 09/01/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-41145 S u m m a r y Calendar September 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. J O S E LUIS JAIMES, 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. 5:09-CR-2155-1

B e fo r e KING, BENAVIDES, and ELROD, Circuit Judges. P E R CURIAM:* T h e attorney appointed to represent Jose Luis Jaimes has moved for leave t o withdraw and has filed a brief in accordance with Anders v. California, 386 U .S . 738 (1967). Jaimes has filed a response. The record is insufficiently d e v e lo p e d to allow consideration at this time of Jaimes's claims of ineffective a s s is t a n c e of counsel; such claims generally "cannot be resolved on direct appeal w h e n [they have] not been raised before the district court since no opportunity e x is t e d to develop the record on the merits of the allegations." United States v.
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 09-41145

Document: 00511222103 Page: 2 No. 09-41145

Date Filed: 09/01/2010

C a n tw e ll, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and c it a t io n omitted). Our independent review of the record, counsel's brief, and J a im e s 's response discloses no nonfrivolous issue for appeal. Accordingly, the m o t io n for leave to withdraw is GRANTED, counsel is excused from further r e s p o n s ib ilit ie s herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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