582 F. App'x 402

UNITED STATES of America, Plaintiff-Appellee v. Daniel VILLEGAS-AGUILAR, Defendant-Appellant.

No. 13-50833

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 18, 2014.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell, Assistant Federal Public Defender, Maureen Scott Franco, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.

Before PRADO, OWEN, and GRAVES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Daniel Villegas-Aguilar has moved for leave to withdraw and has filed briefs 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). Ville-gas-Aguilar has filed responses. The record is not sufficiently developed to allow us *403to make a fair evaluation of Villegas-Aguilar’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), petition for cert. filed (June 4, 2014) (No. 13-10484).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Villegas-Aguilar’s responses. 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 Cir. R. 42.2.

United States v. Villegas-Aguilar
582 F. App'x 402

Case Details

Name
United States v. Villegas-Aguilar
Decision Date
Sep 18, 2014
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582 F. App'x 402

Jurisdiction
United States

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