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

United States v. Ignacio Fuentes-Barriga

United States v. Ignacio Fuentes-Barriga
U.S. Court of Appeals for the Fifth Circuit · Decided October 24, 2017 · King, Owen, Higginson
699 F. App'x 363

United States v. Ignacio Fuentes-Barriga

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Ignacio Fuentes-Barriga 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). Fuentes-Barriga has filed an out-of-time response along with a motion for leave to file this response, which we GRANT. The record is not sufficiently developed to allow us to make a fair evaluation of Fuentes-Barriga’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 Fuentes-Barri-ga’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. Fuentes-Barriga’s motion for the appointment of substitute counsel, incorporated in his response, 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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