U.S. Court of Appeals for the Fifth Circuit, 2014

United States v. Julio Guzman-Avila

United States v. Julio Guzman-Avila
U.S. Court of Appeals for the Fifth Circuit · Decided July 28, 2014 · Smith, Wiener, Elrod
576 F. App'x 368

United States v. Julio Guzman-Avila

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Julio Guzman-Avila 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). Guzman-Avila has filed a motion for reconsideration, which we construe as a motion for leave to file a response to counsel’s Anders motion and brief. The motion is GRANTED.

The record is not sufficiently developed to allow us to make a fair evaluation of Guzman-Avila’s claim of ineffective assis *369 tance of counsel; we therefore decline to consider that claim on direct review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014), petition for cert. filed (June 4, 2014) (No. 13-10484). We have reviewed counsel’s brief, relevant portions of the record reflected therein, and Guzman-Avila’s response. 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.