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UNITED STATES v. TAPIA TOLENTINO (2021)

United States Court of Appeals, Fifth Circuit.2021-04-21No. No. 20-40572

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Opinion

The Federal Public Defender (FPD) appointed to represent Irving Efrain Tapia-Tolentino 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). Tapia-Tolentino has not filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of the claim of ineffective assistance of counsel raised by the FPD on Tapia-Tolentinos behalf; we therefore decline to consider the claim without prejudice to Tapia-Tolentinos ability to raise it on collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsels brief and the relevant portions of the record reflected therein. We concur with counsels 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.

FOOTNOTES

FOOTNOTE

Per Curiam:*

FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.