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UNITED STATES of America, Plaintiff-Appellee v. Hugo MERCADO-JUAREZ, Defendant-Appellant; United States of America, Plaintiff-Appellee v. Hugo Mercado-Juarez, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2015-06-16No. Nos. 14-50402, 14-50404
607 F. App'x 404

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Opinion

majority opinion

PER CURIAM:

The Federal Public Defender appointed to represent Hugo Mercado-Juarez has moved for leave to withdraw and has filed a brief in accordance with Anders v. Californio, 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). Mercado-Juarez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Mercado-Juarez’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.), 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 Mercado-Juarez’s response. We concur with counsel’s assessment that the appeals present no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEALS ARE 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.