Opinion
No. 15-41108
06-21-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee v. EMERICO DE LUNA-MAGALLON, also known as Jorge Trevino-Gonzalez, Defendant-Appellant
Conference Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 5:12-CR-435-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. --------
The Federal Public Defender appointed to represent Emerico De Luna-Magallon has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). De Luna-Magallon has filed a response and a motion for the appointment of new counsel on appeal. The record is not sufficiently developed to allow us to make a fair evaluation of De Luna-Magallon'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 counsel's brief and the relevant portions of the record reflected therein, as well as De Luna-Magallon's response. We concur with counsel's assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, De Luna-Magallon's motion for the appointment of new counsel is DENIED, 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.