USA v. Raul Frias-Trujillo

Filing 920110309


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Case: 10-50418 Document: 00511405220 Page: 1 Date Filed: 03/09/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-50418 Summary Calendar March 9, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RAUL FRIAS-TRUJILLO, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:09-CR-2804-1 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* The attorney appointed to represent Defendant-Appellant Raul FriasTrujillo (Frias) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Frias has filed a response. The record is insufficiently developed to allow consideration at this time of Frias's claims of ineffective assistance of counsel; such claims generally "cannot be resolved on direct appeal when [they have] not been raised before the district 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. * Case: 10-50418 Document: 00511405220 Page: 2 Date Filed: 03/09/2011 No. 10-50418 the allegations." United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). Included in Frias's response is a pro se motion to file a pro se appellate brief. This motion is unauthorized and untimely; accordingly, it is DENIED. See United States v. Ogbonna, 184 F.3d 447, 449 & n.1 (5th Cir. 1999); United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). Our independent review of the record, counsel's brief, and Frias's response discloses no nonfrivolous issue for appeal. 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. 2

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