United States v. Lopez-Erazo
United States v. Lopez-Erazo
Opinion
Case: 21-40595 Document: 00516240256 Page: 1 Date Filed: 03/15/2022
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 15, 2022 No. 21-40595 Lyle W. Cayce Summary Calendar Clerk
United States of America, Plaintiff—Appellee, versus Hugo Miguel Lopez-Erazo, Defendant—Appellant.
Appeal from the United States District Court for the Southern District of Texas USDC No. 5:21-CR-625-1
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:* The Federal Public Defender appointed to represent Hugo Miguel Lopez-Erazo 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). Lopez-Erazo has filed a response. The
* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-40595 Document: 00516240256 Page: 2 Date Filed: 03/15/2022
No. 21-40595
record is not sufficiently developed to allow us to make a fair evaluation of Lopez-Erazo’s claim of ineffective assistance of counsel; we therefore decline to consider the claim 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 Lopez-Erazo’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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