U.S. Court of Appeals for the Fifth Circuit, 2017

United States v. Macario Fernandez-Hernandez

United States v. Macario Fernandez-Hernandez
U.S. Court of Appeals for the Fifth Circuit · Decided January 4, 2017 · Jolly, Smith, Clement
672 F. App'x 459

United States v. Macario Fernandez-Hernandez

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Macario Fernandez-Hernan *460 dez 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). Femandez-Hernandez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Fernandez-Hernandez’s claim of ineffective assistance of counsel, so we decline to consider it on the present state of the record. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief, relevant portions of the record, and Fernandez-Hernandez’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 *460 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.