United States v. Serna

¶1 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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 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.