USA v. Miguel Zamora


UNPUBLISHED OPINION FILED. [10-20301 Dismissed as Frivolous] Judge: PEH , Judge: JLD , Judge: JEG Mandate pull date is 10/30/2013 for Appellant Miguel Zamora; granting motion to withdraw as counsel filed by Mr. Neal Davis, III, Esq. [7389130-2] [10-20301]

Download PDF
Case: 10-20301 Document: 00512401644 Page: 1 Date Filed: 10/09/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-20301 Summary Calendar October 9, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MIGUEL ZAMORA, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 4:07-CR-400-2 Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Miguel Zamora has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Zamora has filed a response. To the extent that Zamora raises claims of ineffective assistance of counsel, the record is insufficiently developed to allow consideration of his claims at this time; such claims generally “cannot be resolved on direct appeal when the claim[s] ha[ve] not been raised before the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-20301 Document: 00512401644 Page: 2 Date Filed: 10/09/2013 No. 10-20301 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) (internal quotation marks and citation omitted). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Zamora’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. 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. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?