Opinion
No. 14-40952
06-16-2015
UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALBERTO ISRAEL CANTON, Defendant-Appellant
Conference Calendar Appeal from the United States District Court for the Eastern District of Texas
USDC No. 4:12-CR-276-1
Before DAVIS, JONES, and HIGGINSON, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 Alberto Israel Canton 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). Canton has filed a response and has moved for appointment of new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Canton'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, 135 S. Ct. 123 (2014).
We have reviewed counsel's brief and the relevant portions of the record reflected therein, as well as Canton'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, Canton's motion for appointment of new counsel is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.