U.S. Court of Appeals for the Fifth Circuit, 2019

United States v. Fernando Silverio-Paniagua

United States v. Fernando Silverio-Paniagua
U.S. Court of Appeals for the Fifth Circuit · Decided August 28, 2019

United States v. Fernando Silverio-Paniagua

Opinion

Case: 18-11005 Document: 00515096263 Page: 1 Date Filed: 08/28/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-11005 FILED Conference Calendar August 28, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FERNANDO SILVERIO-PANIAGUA, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18-CR-191-1

Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Fernando Silverio-Paniagua 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). Silverio-Paniagua has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of his 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-11005 Document: 00515096263 Page: 2 Date Filed: 08/28/2019

No. 18-11005 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 Silverio-Paniagua’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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