UNITED STATES of America, Plaintiff-Appellee, v. Joel RIOS-VILLANUEVA, Defendant-Appellant, 490 F. App'x 638

PER CURIAM: The attorney appointed to represent Joel Rios-Villanueva 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), and United States v. Flores, 632 F.3d 229 (5th Cir.2011). Rios-Villanueva has filed a response and has moved for the appointment of new counsel. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, and Rios-Villanueva’s response.

The record is insufficiently developed to allow consideration of the claim of ineffective assistance of counsel, which generally “cannot be resolved on direct appeal when the claim has 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). We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.

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. The motion for the appointment of new counsel is DENIED. Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.