United States v. Berlanga
United States v. Berlanga
Opinion
Case: 20-40140 Document: 00515902005 Page: 1 Date Filed: 06/16/2021
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 16, 2021 No. 20-40140 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Malik Estevan Berlanga, Defendant—Appellant.
Appeal from the United States District Court for the Southern District of Texas USDC No. 3:18-CR-12-1
Before Graves, Willett, and Duncan, Circuit Judges.
Per Curiam:* The Federal Public Defender appointed to represent Malik Estevan Berlanga 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). Berlanga has filed a response. The record is
* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 20-40140 Document: 00515902005 Page: 2 Date Filed: 06/16/2021
No. 20-40140
not sufficiently developed to allow us to make a fair evaluation of Berlanga’s claims of ineffective assistance of counsel; we therefore decline to 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 Berlanga’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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