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United States v. Andres Silva
669 F. App'x 715
| 5th Cir. | 2016
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Docket

*1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: [*]

The attorney appointed to represent Andres Silva 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). Silva has filed a response and has moved for the appointment of new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Silva’s claims of ineffective assistance of counsel; we therefore decline to *2 Case: 15-11224 Document: 00513721808 Page: 2 Date Filed: 10/18/2016

No. 15-11224

consider the claims 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 Silva’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. Silva’s motion for the appointment of new counsel is DENIED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. Andres Silva
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Oct 18, 2016
Citation: 669 F. App'x 715
Docket Number: 15-11224 Conference Calendar
Court Abbreviation: 5th Cir.
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