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UNITED STATES of America, Plaintiff-Appellee v. Sergio Garza FLORES, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2015-06-01No. No. 14-10160
605 F. App'x 425

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Opinion

majority opinion

PER CURIAM:

The Federal Public Defender appointed to represent Sergio Garza Flores has moved for leave to withdraw and has filed a brief citing 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). Garza Flores has filed responses. His motion to file a supplemental response is GRANTED. The record is not sufficiently developed to allow us to make a fair evaluation of Garza 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.), cert. denied, — U.S.-, 135 S.Ct. 123, 190 L.Ed.2d 94 (2014).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Garza Flores’s responses. We concur with counsel’s assessment that the appeal presents no non-frivolous 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.