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United States v. Vasquez

United States Court of Appeals, Fifth Circuit

August 13, 2013

UNITED STATES OF AMERICA, Plaintiff-Appellee
v.
GEORGE VASQUEZ, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:11-CR-96-32

Before JONES, DENNIS, and HAYNES, Circuit Judges.

PER CURIAM:[*]

The attorney appointed to represent George Vasquez 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). Vasquez has requested new appointed counsel due to unspecified ineffective assistance. Insofar as Vasquez wishes to raise a claim of ineffective assistance of counsel, the record is insufficiently developed to allow consideration of it at this time; 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 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 Vasquez's response. We concur with counsel's assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, Vasquez's motion to relieve appointed counsel and to appoint new counsel is DENIED, 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.


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