Opinion
No. 09-20808 Summary Calendar.
December 1, 2010.
Appeal from the United States District Court for the Southern District of Texas USDC No. 4:09-CR-300-1.
Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
The attorney appointed to represent Jorge Olvera has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Olvera has filed a response. The record is insufficiently developed to allow consideration at this time of Olvera'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 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). Our independent review of the record, counsel's brief, and Olvera's response discloses no nonfrivolous issue for appeal. 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.