U.S. Court of Appeals for the Fifth Circuit, 2016

United States v. Richard Santo-Herrera

United States v. Richard Santo-Herrera
U.S. Court of Appeals for the Fifth Circuit · Decided November 18, 2016 · Higginbotham, Prado, Haynes
670 F. App'x 850

United States v. Richard Santo-Herrera

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Richard Miguel Santo-Herr-era 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). Santo-Herrera has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Santo-Herrera’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).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Santo-Herrera’s response. We concur with counsel’s assessment that the appeal presents no nonfrivo-lous 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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