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UNITED STATES of America, Plaintiff-Appellee v. Sergio GARCIA-HERNANDEZ, also known as Sergio Armendaris Garcia, also known as Serjio Hernandez Garcia, also known as Sergio Elias Garcia-Hernandez, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2016-06-21No. No. 15-10878
653 F. App'x 247

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Opinion

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PER CURIAM:

The Federal Public Defender appointed to represent Sergio Garcia-Hernandez 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). Garcia-Hernandez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Garcia-Hernandez’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. 2014).

We have reviewed cpunsel’s brief and the relevant portions of the record reflected therein, as well as Garcia-Hernandez’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 Cíe. 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.