USA v. Fernando Santana-Moreno


UNPUBLISHED OPINION FILED. [11-40270 Dismissed as Frivolous] Judge: PEH , Judge: EMG , Judge: LHS Mandate pull date is 03/09/2012 for Appellant Fernando Santana-Moreno; granting motion to withdraw as counsel filed by Appellant Mr. Fernando Santana-Moreno [6856263-2] [11-40270]

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Case: 11-40270 Document: 00511761649 Page: 1 Date Filed: 02/17/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-40270 Conference Calendar February 17, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FERNANDO SANTANA-MORENO, also known as Santiago Torresitas-Laguna, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:10-CR-102-1 Before HIGGINBOTHAM, GARZA, and SOUTHWICK, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Fernando SantanaMoreno 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). Santana-Moreno has filed a response. The record is insufficiently developed to allow consideration at this time of Santana-Moreno’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40270 Document: 00511761649 Page: 2 Date Filed: 02/17/2012 No. 11-40270 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 brief and the relevant portions of the record reflected therein, as well as Santana-Moreno’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 5TH CIR. R. 42.2. 2

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