Conference Calendar UNITED STATES OF AMERICA v. Jose Hector Carrillo-Garcia

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-40175
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOSE HECTOR CARRILLO-GARCIA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:06-CR-211-1
Before PRADO, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Jose Hector Carrillo-Garcia (Carrillo)
has moved for leave to withdraw and has filed a brief in accordance with Anders
v. California, 386 U.S. 738 (1967). Carrillo has filed a response. The record is
insufficiently developed to allow consideration at this time of Carrillo’s claims
of ineffective assistance of counsel; such claims generally “cannot be resolved on
direct appeal when [they have] not been raised before the district court since no
United States Court of Appeals
Fifth Circuit
F I L E D
April 16, 2008
Charles R. Fulbruge III
Clerk

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No. 07-40175
2
opportunity existed to develop the record on the merits of the allegations.” See
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 Carrillo’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.

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