Conference Calendar UNITED STATES OF AMERICA v. Severo Serna

* 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should not be published and is not precedent except under the limited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. 07-40467
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
SEVERO SERNA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:06-CR-526-6
Before KING, WIENER, and ELROD, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Severo Serna has moved for leave to
withdraw and has filed a brief in accordance with Anders v. California, 386 U.S.
738 (1967). Serna has filed a response. The record is insufficiently developed
to allow consideration at this time of Serna’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 opportunity existed to
United States Court of Appeals
Fifth Circuit
F I L E D
February 20, 2008
Charles R. Fulbruge III
Clerk

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No. 07-40467
2
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
omitted). Our independent review of the record, counsel’s brief, and Serna’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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