U.S. Court of Appeals for the Fifth Circuit, 2015

United States v. Everardo Garcia-Rojas

United States v. Everardo Garcia-Rojas
U.S. Court of Appeals for the Fifth Circuit · Decided December 15, 2015 · Jones, Southwick, Costa
624 F. App'x 308

United States v. Everardo Garcia-Rojas

Opinion

PER CURIAM: *

The attorney appointed to represent Raul Garcia 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). Garcia has filed a response. The record is not sufficiently developed to *309 allow us to make a fair evaluation of Garcia’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.), 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 Garcia’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. Garcia’s incorporated motion for the appointment of substitute 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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