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UNITED STATES of America, Plaintiff-Appellee v. Oscar DELEON, also known as Shrek, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2016-08-23No. No. 14-41441 Summary Calendar
668 F. App'x 129

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Opinion

majority opinion

PER CURIAM:

The attorney appointed to represent Oscar Deleon has moved for leave to withdraw and has filed briefs 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). Deleon has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Deleon’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 briefs and the relevant portions of the record reflected therein, as well as Deleon’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.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.