USA v. Eduardo Lopez-Varga


UNPUBLISHED OPINION FILED. [11-20699 Dismissed as Frivolous] Judge: TMR , Judge: EGJ , Judge: WED Mandate pull date is 02/11/2013 for Appellant Eduardo Lopez-Vargas; granting motion to withdraw as counsel filed by Mr. Edward Cantu, Esq. [7187710-2], granting motion to withdraw as counsel filed by Mr. Edward Cantu, Esq. [7058059-2] [11-20699]

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Case: 11-20699 Document: 00512118773 Page: 1 Date Filed: 01/21/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-20699 Summary Calendar January 21, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EDUARDO LOPEZ-VARGAS, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 4:09-CR-534-4 Before REAVLEY, JOLLY and DAVIS, Circuit Judges. PER CURIAM:* The attorney appointed to represent Eduardo Lopez-Vargas has moved for leave to withdraw and has filed a brief and supplemental brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Lopez-Vargas has filed a response. The record is insufficiently developed to allow consideration at this time of Lopez-Vargas’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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20699 Document: 00512118773 Page: 2 Date Filed: 01/21/2013 No. 11-20699 court since no opportunity existed 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 briefs and the relevant portions of the record reflected therein, as well as LopezVargas’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 5TH CIR. R. 42.2. 2

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