
    UNITED STATES of America, Plaintiff-Appellee v. Jorge Armando CAVAZOS, also known as Jorge Armando Cavazos-Almanza, Defendant-Appellant.
    No. 09-50056
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Feb. 12, 2010.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.
    Dusty Gallivan, Gallivan & Associates, Odessa, TX, for Defendant-Appellant.
    Before GARZA, DENNIS, and ELROD, Circuit Judges.
   PER CURIAM:

The attorney appointed to represent Jorge Armando Cavazos 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). Cavazos has filed a response. The record is insufficiently developed to allow consideration at this time of Cavazos’s claim of ineffective assistance of appellate counsel; such a claim generally “cannot be resolved on direct appeal when [it] 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). Our independent review of the record, counsel’s brief, and Cavazos’s response discloses no non-frivolous 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. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     