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United States v. Luis Rivera
672 F. App'x 393
| 5th Cir. | 2016
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Docket

*1 Before DENNIS, PRADO, and OWEN, Circuit Judges.

PER CURIAM: [*]

The attorney appointed to represent Luis Rivera 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). Rivera has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Rivera’s claim of ineffective assistance of *2 Case: 16-10487 Document: 00513804370 Page: 2 Date Filed: 12/20/2016

No. 16-10487

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).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Rivera’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 5 TH C IR . R. 42.2.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Luis Rivera
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Dec 20, 2016
Citation: 672 F. App'x 393
Docket Number: 16-10487 Conference Calendar
Court Abbreviation: 5th Cir.
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