USA v. Jose Orona-Castillo
UNPUBLISHED OPINION FILED. [10-50857 Dismissed AS FRIVOLOUS] Judge: TMR , Judge: JLD , Judge: EBC Mandate pull date is 04/26/2011 for Appellant Jose Luis Orona-Castillo; denying motion to appoint counsel filed by Appellant Mr. Jose Luis Orona-Castillo [6743476-3]; granting motion to withdraw as counsel filed by Appellant Mr. Alexander Lee Calhoun for Appellant Mr. Jose Luis Orona-Castillo [6718285-2] [10-50857]
Case: 10-50857 Document: 00511435047 Page: 1 Date Filed: 04/05/2011
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
April 5, 2011
Lyle W. Cayce
UNITED STATES OF AMERICA,
JOSE LUIS ORONA-CASTILLO,
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:04-CR-170-1
Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.
The attorney appointed to represent Jose Luis Orona-Castillo has moved
for leave to withdraw and has filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967). Orona-Castillo has filed a response. The record
is insufficiently developed to allow consideration at this time of Orona-Castillo’s
claim 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 to develop the record on the merits of 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
Case: 10-50857 Document: 00511435047 Page: 2 Date Filed: 04/05/2011
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, and OronaCastillo’s response.
We concur with counsel’s assessment that the appeal
presents no nonfrivolous issue for appellate review. Accordingly, the 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. Orona-Castillo’s
request for appointment of counsel is DENIED. Cf. United States v. Wagner, 158
F.3d 901, 902-03 (5th Cir. 1998).
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