USA v. Oscar Guajardo
UNPUBLISHED OPINION FILED. [10-20601 Dismissed as Frivolous] granting motion to withdraw as counsel filed by Mr. Clinard J Hanby, Esq. [6701336-2]; granting motion to place response under seal filed by Appellant Mr. Oscar Guajardo [6721603-3] Judge: EHJ , Judge: CES , Judge: LHS Mandate pull date is 07/12/2011 for Appellant Oscar Guajardo [10-20601]
Date Filed: 06/21/2011
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
June 21, 2011
Lyle W. Cayce
UNITED STATES OF AMERICA,
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:09-CR-394-1
Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.
The attorney appointed to represent Oscar Guajardo 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).
Guajardo has filed a response. The record is insufficiently developed to allow
consideration at this time of Guajardo’s claims of ineffective assistance of
counsel; such a claim generally “cannot be resolved on direct appeal when the
claim has not been raised before the district court since no opportunity existed
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
Date Filed: 06/21/2011
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 Guajardo’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 5 TH C IR. R. 42.2. Guajardo’s motion to place his response
under seal is GRANTED.
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