USA v. Baltazar Santacruz-Naranjo
UNPUBLISHED OPINION FILED. [12-40605 Dismissed as Frivolous] Judge: CDK , Judge: EBC , Judge: SAH Mandate pull date is 01/09/2013 for Appellant Baltazar Santacruz-Naranjo; denying motion to relieve attorney filed by Appellant Mr. Baltazar Santacruz-Naranjo [7201305-3]; denying motion to appoint counsel filed by Appellant Mr. Baltazar Santacruz-Naranjo [7201305-4]; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [7185923-2] [12-40605]
Date Filed: 12/19/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
December 19, 2012
Lyle W. Cayce
UNITED STATES OF AMERICA,
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:11-CR-1182-1
Before KING, CLEMENT, and HIGGINSON, Circuit Judges.
The Federal Public Defender (FPD) appointed to represent Baltazar
Santacruz-Naranjo 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). Santacruz-Naranjo has filed a response and
has moved to relieve appointed counsel and to appoint new counsel.
To the extent that Santacruz-Naranjo raises claims of ineffective
assistance of counsel, the record is insufficiently developed to allow consideration
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12/19/2012
at this time of his claims; such claims generally “cannot be resolved on direct
appeal when the claim[s] ha[ve] not been raised before the district 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 Santacruz-Naranjo’s
response. We concur with counsel’s assessment that the appeal presents no
nonfrivolous issue for appellate review. Santacruz-Naranjo’s motions to relieve
counsel and appoint new counsel are DENIED. The FPD’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.
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