604 F. App'x 373

UNITED STATES of America, Plaintiff-Appellee v. Rosendo ARIAS-SAMANO, Defendant-Appellant.

No. 14-40891

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 16, 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, Timothy William Crooks, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before DAVIS, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Rosendo Arias-Samano 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). Arias-Samano has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Arias-Sama-no’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 Arias-Samano’s response. We concur with counsel’s assessment that the appeal presents no non-frivolous issue for appellate review. Accordingly, Arias-Samano’s motion for the appointment of new counsel is DENIED, *374the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cm. R. 42.2. Arias-Samano’s motion for an extension of time is DENIED as moot.

United States v. Arias-Samano
604 F. App'x 373

Case Details

Name
United States v. Arias-Samano
Decision Date
Jun 16, 2015
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604 F. App'x 373

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United States

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