U.S. Court of Appeals for the Fifth Circuit, 2020

United States v. Nallely Alejandro

United States v. Nallely Alejandro
U.S. Court of Appeals for the Fifth Circuit · Decided March 10, 2020

United States v. Nallely Alejandro

Opinion

Case: 18-40213 Document: 00515339097 Page: 1 Date Filed: 03/10/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-40213 March 10, 2020 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. NALLELY MILAGROS ALEJANDRO, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:17-CR-596-2

Before SOUTHWICK, COSTA, and ENGELHARDT, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Nallely Milagros Alejandro 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). Alejandro has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of her claims of ineffective assistance of counsel; we therefore decline to consider the claims 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40213 Document: 00515339097 Page: 2 Date Filed: 03/10/2020

No. 18-40213 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 Alejandro’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. Alejandro’s motion to appoint substitute counsel is DENIED.

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