United States v. Daniel Villegas-Aguilar
Opinion
The Federal Public Defender appointed to represent Daniel Villegas-Aguilar has moved for leave to withdraw and has filed briefs 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). Ville-gas-Aguilar has filed responses. The record is not sufficiently developed to allow us *403 to make a fair evaluation of Villegas-Aguilar’s claim of ineffective assistance of counsel; we therefore decline to consider the claim without prejudice to collateral 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 and the relevant portions of the record reflected therein, as well as Villegas-Aguilar’s responses. 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee v. Daniel VILLEGAS-AGUILAR, Defendant-Appellant
- Status
- Unpublished