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UNITED STATES of America, Plaintiff-Appellee v. Felipe MILLAN-FLORES, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2016-08-09No. No. 16-40076 Summary Calendar
667 F. App'x 872

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Opinion

majority opinion

PER CURIAM:

The Federal Public Defender appointed to represent Felipe Millan-Flores 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). Millan-Flores has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Millan-Flores’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 relating to his conviction and sentence, as well as Millan-Flores’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Pursuant to- 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.