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

United States v. Mario Perez

United States v. Mario Perez
U.S. Court of Appeals for the Fifth Circuit · Decided April 9, 2018

United States v. Mario Perez

Opinion

Case: 17-11097 Document: 00514421507 Page: 1 Date Filed: 04/09/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 17-11097 FILED April 9, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARIO ROBLES PEREZ, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:17-CR-15-1

Before KING, ELROD, and HIGGINSON, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Mario Robles Perez 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). Perez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Perez’s claim of ineffective assistance of counsel; we therefore decline to consider the claim without

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-11097 Document: 00514421507 Page: 2 Date Filed: 04/09/2018

No. 17-11097 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 Perez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.

Accordingly, counsel’s 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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