U.S. Court of Appeals for the Fifth Circuit, 2018

United States v. Juan Chavira-Guerrero

United States v. Juan Chavira-Guerrero
U.S. Court of Appeals for the Fifth Circuit · Decided March 16, 2018

United States v. Juan Chavira-Guerrero

Opinion

Case: 17-40602 Document: 00514389917 Page: 1 Date Filed: 03/16/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17-40602 United States Court of Appeals Fifth Circuit Summary Calendar FILED March 16, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff–Appellee, v. JUAN CHAVIRA-GUERRERO, Defendant–Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:16-CR-56-1

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Juan Chavira-Guerrero has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Chavira-Guerrero has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Chavira- Guerrero’s claims of ineffective assistance of counsel; we therefore decline to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Case: 17-40602 Document: 00514389917 Page: 2 Date Filed: 03/16/2018

No. 17-40602 consider the claims 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 Chavira-Guerrero’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.

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