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UNITED STATES v. ALVARADO (2021)

United States Court of Appeals, Fifth Circuit.2021-02-08No. No. 20-50538

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Opinion

The attorney appointed to represent Pilar Alvarado 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). Alvarado has filed a response and a motion to relieve current counsel and to appoint new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Alvarados 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 counsels brief and the relevant portions of the record reflected therein, as well as Alvarados response and motion. We concur with counsels assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, Alvarados motion is DENIED, 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FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.