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UNPUBLISHED OPINION FILED.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]
Date Filed: 02/17/2012
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
February 17, 2012
Lyle W. Cayce
UNITED STATES OF AMERICA,
FERNANDO SANTANA-MORENO, also known as Santiago Torresitas-Laguna,
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.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
Date Filed: 02/17/2012
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.
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