Summary Calendar UNITED STATES OF AMERICA v. Arnulfo Hernandez-Molina

* 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should not be published and is not precedent except under the limited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. 07-50954
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ARNULFO HERNANDEZ-MOLINA
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-1012-2
Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Arnulfo Hernandez-Molina has moved
for leave to withdraw and has filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967). Following the filing of counsel’s Anders motion,
Hernandez-Molina filed a motion seeking appointment of counsel. The record
is insufficiently developed to allow consideration at this time of Hernandez-
Molina’s claim of ineffective assistance of counsel; such claims generally “cannot
United States Court of Appeals
Fifth Circuit
F I L E D
July 30, 2008
Charles R. Fulbruge III
Clerk

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No. 07-50954
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be resolved on direct appeal when [they have] 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 and counsel’s brief discloses no
nonfrivolous issue for appeal. 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. Hernandez-Molina’s
motion for appointment of counsel is DENIED. See United States v. Wagner, 158
F.3d 901, 902-03 (5th Cir. 1998).

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