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United States v. Riley Vallejo
16-40869
| 5th Cir. | Jun 21, 2017
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*1 Before REAVLEY, OWEN, and ELROD, Circuit Judges.

PER CURIAM: [*]

The attorney appointed to represent Riley Rene Vallejo 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). Vallejo has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Vallejo’s claim of ineffective assistance related to his mental health issues; we therefore decline to consider the claim without *2 Case: 16-40869 Document: 00514043275 Page: 2 Date Filed: 06/21/2017

No. 16-40869

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 Vallejo’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review; we further determine that Vallejo’s remaining claims of ineffective assistance of counsel present no nonfrivolous issues for appeal. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. Riley Vallejo
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jun 21, 2017
Docket Number: 16-40869
Court Abbreviation: 5th Cir.
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