Conference Calendar UNITED STATES OF AMERICA v. Alejandro Martinez-Chavez

* 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should not be published and is not precedent except under the limited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. 07-40862
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ALEJANDRO MARTINEZ-CHAVEZ
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:07-CR-528-1
Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Alejandro Martinez-Chavez
(Martinez) has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967). Martinez has filed a response.
The record is insufficiently developed to allow consideration at this time of
Martinez’s claim of ineffective assistance of counsel; such claims generally
“cannot be resolved on direct appeal when [they have] not been raised before the
United States Court of Appeals
Fifth Circuit
F I L E D
August 20, 2008
Charles R. Fulbruge III
Clerk

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No. 07-40862
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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 Martinez’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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