USA v. Jorge Perez-Toj

Filing

UNPUBLISHED OPINION FILED. [10-40053 Dismissed as Frivolous] Judge: JES , Judge: JLD , Judge: EBC. Mandate pull date is 11/16/2010 for Appellant Jorge Oswaldo Perez-Toj; granting motion to withdraw as counsel filed by Attorney Ms. Laura Fletcher Leavitt for Appellant Mr. Jorge Oswaldo Perez-Toj [6532155-2] [10-40053]

USA v. Jorge Perez-Tojse: 10-40053 Ca

Document: 00511274760 Page: 1 Date Filed: 10/26/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-40053 C o n fe r e n c e Calendar October 26, 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 R G E OSWALDO PEREZ-TOJ, 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. 1:09-CR-1204-1

B e fo r e SMITH, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Jorge Oswaldo PerezT o j has moved for leave to withdraw and has filed a brief in accordance with A n d e r s v. California, 386 U.S. 738 (1967). Perez-Toj has filed a response. The r e c o r d is insufficiently developed to allow consideration at this time of PerezT o j's claims of ineffective assistance of counsel; such a claim generally "cannot b e resolved on direct appeal when the claim has not been raised before the d is t r ic t court since no opportunity existed to develop the record on the merits of
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-40053 Document: 00511274760 Page: 2 Date Filed: 10/26/2010 No. 10-40053 t h e allegations." United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (in t e r n a l quotation marks and citation omitted). Our independent review of the r e c o r d , counsel's brief, and Perez-Toj's response discloses no nonfrivolous issue fo r appeal. Accordingly, counsel's motion for leave to withdraw is GRANTED, c o u n s e l is excused from further responsibilities herein, and the APPEAL IS D I S M IS S E D . See 5TH CIR. R. 42.2.

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