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UNITED STATES of America, Plaintiff-Appellee v. Jorge Alberto FUENTES-AGUIRRE, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2016-06-21No. No. 15-41236 Conference Calendar
667 F. App'x 92

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Opinion

majority opinion

PER CURIAM:

The Federal Public Defender appointed to represent Jorge Alberto Fuentes-Aguirre has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Fuentes-Aguirre has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Fuentes-Aguirre’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 Fuentes-Aguirre’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. Fuentes-Aguirre’s motion for the appointment of substitute counsel, incorporated in his response, and his motion to stay the proceedings are DENIED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.