United States v. Juan Cuellar

U.S. Court of Appeals for the Fifth Circuit
United States v. Juan Cuellar, 588 F. App'x 390 (5th Cir. 2014)
Graves, Owen, Per Curiam, Prado

United States v. Juan Cuellar

Opinion

PER CURIAM: *

The attorney appointed to represent Juan Carlos Cuellar 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). Cuellar has moved to strike the Anders brief, appoint substitute counsel, or proceed pro se on appeal. To the extent his motion raises claims of ineffective assistance of counsel, we decline to consider them without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir.), cert. denied, - U.S. -, 135 S.Ct. 123, 190 L.Ed.2d 94 (2014).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Cuellar’s motion. 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. Cuellar’s motion to strike the Anders brief, appoint substitute counsel, or proceed pro se on appeal is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. Juan Carlos CUELLAR, Defendant-Appellant
Status
Unpublished