613 F. App'x 393

UNITED STATES of America, Plaintiff-Appellee v. Emiliano ARANDA-MARTINEZ, also known as Emilio Aranda, Defendant-Appellant.

No. 15-40020

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Aug. 18, 2015.

Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Scott Andrew Martin, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Emiliano Aranda-Martinez, Folkston, GA, pro se.

Before JOLLY, GRAVES, and COSTA, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Emiliano Aranda-Martinez 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). Aran-da-Martinez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Aranda-Martinez’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, — U.S.-, 135 S.Ct. 123, 190 L.Ed.2d 94 (2014).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Aranda-Mar-tinez’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 Cir. R. 42.2. Aranda-Martinez’s motion for appointment of counsel is DENIED.

United States v. Aranda-Martinez
613 F. App'x 393

Case Details

Name
United States v. Aranda-Martinez
Decision Date
Aug 18, 2015
Citations

613 F. App'x 393

Jurisdiction
United States

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