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

United States v. Antonio Benjamin

United States v. Antonio Benjamin
U.S. Court of Appeals for the Fifth Circuit · Decided October 15, 2018

United States v. Antonio Benjamin

Opinion

Case: 17-20625 Document: 00514682462 Page: 1 Date Filed: 10/15/2018

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

No. 17-20625 FILED Conference Calendar October 15, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. ANTONIO RASHEED BENJAMIN, also known as Papi P., Defendant - Appellant

Appeals from the United States District Court for the Southern District of Texas USDC No. 4:16-CR-186-1

Before HIGGINSON, COSTA, and HO, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Antonio Rasheed Benjamin 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). Benjamin has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Benjamin’s claim of ineffective assistance of counsel; we therefore decline to consider the claim

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-20625 Document: 00514682462 Page: 2 Date Filed: 10/15/2018

No. 17-20625 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 Benjamin’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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