Opinion
No. 14-50402 C/w No. 14-50404
06-16-2015
UNITED STATES OF AMERICA, Plaintiff-Appellee v. HUGO MERCADO-JUAREZ, Defendant-Appellant UNITED STATES OF AMERICA, Plaintiff-Appellee v. HUGO MERCADO JUAREZ, Defendant-Appellant
Conference Calendar Appeals from the United States District Court for the Western District of Texas
USDC No. 2:13-CR-1046-1
USDC No. 2:13-CR-1562-1
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 Hugo Mercado-Juarez 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). 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, 135 S. Ct. 123 (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.