USA v. Oscar Guajardo

Filing

UNPUBLISHED OPINION FILED.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]

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Case: 10-20601 Document: 00511514663 Page: 1 Date Filed: 06/21/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-20601 Conference Calendar June 21, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OSCAR GUAJARDO, Defendant-Appellant 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. PER CURIAM:* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 10-20601 Document: 00511514663 Page: 2 Date Filed: 06/21/2011 No. 10-20601 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. 2

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