Filed: Sep. 10, 2012
Latest Update: Mar. 26, 2017
Summary: Case: 12-40272 Document: 00511980962 Page: 1 Date Filed: 09/10/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED September 10, 2012 No. 12-40272 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ERNIE TARANGO, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:10-CR-248-3 Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges. PER CURIA
Summary: Case: 12-40272 Document: 00511980962 Page: 1 Date Filed: 09/10/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED September 10, 2012 No. 12-40272 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ERNIE TARANGO, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:10-CR-248-3 Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM..
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Case: 12-40272 Document: 00511980962 Page: 1 Date Filed: 09/10/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 10, 2012
No. 12-40272
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ERNIE TARANGO,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:10-CR-248-3
Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Ernie Tarango 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).
Tarango has filed a response. The record is insufficiently developed to allow
consideration at this time of Tarango’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 court since no opportunity existed to develop
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40272 Document: 00511980962 Page: 2 Date Filed: 09/10/2012
No. 12-40272
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 Tarango’s response. We concur with counsel’s assessment
that the appeal presents no nonfrivolous issue for appellate review. Accordingly,
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. Furthermore, Tarango’s motion to have new counsel appointed is
DENIED.
2