Case: 09-40294     Document: 00511086415          Page: 1    Date Filed: 04/20/2010




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                    Fifth Circuit

                                                 FILED
                                                                            April 20, 2010
                                     No. 09-40294
                                  Conference Calendar                       Lyle W. Cayce
                                                                                 Clerk

UNITED STATES OF AMERICA,

                                                   Plaintiff-Appellee

v.

RAMON SANCHEZ-ROSAS, also known as Ramon Sanchez-Martinez,

                                                   Defendant-Appellant


                    Appeal from the United States District Court
                         for the Southern District of Texas
                              USDC No. 7:08-CR-56-1


Before SMITH, PRADO, and HAYNES, Circuit Judges.
PER CURIAM:*
        The Federal Public Defender appointed to represent Ramon Sanchez-
Rosas has moved for leave to withdraw and has filed a brief in accordance with
Anders v. California, 

(1967). Sanchez-Rosas has filed a response,
in which he makes a request for appointment of new counsel. The record is
insufficiently developed to allow consideration at this time of Sanchez-Rosas’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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40294   Document: 00511086415 Page: 2      Date Filed: 04/20/2010
                                No. 09-40294

court since no opportunity existed to develop the record on the merits of the
allegations.” United States v. Cantwell, 

, 1091 (5th Cir. 2006)
(internal quotation marks and citation omitted). Our independent review of the
record, counsel’s brief, and Sanchez-Rosas’s response discloses no nonfrivolous
issue for appeal.   Accordingly, counsel’s motion for leave to withdraw is
GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Sanchez-Rosas’s motion for
appointment of new counsel is DENIED. Cf. United States v. Wagner, 

, 902-03 (5th Cir. 1998).




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