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United States v. Richard Santo-Herrera
670 F. App'x 850
| 5th Cir. | 2016
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*1 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.

PER CURIAM: [*]

The Federal Public Defender appointed to represent Richard Miguel Santo-Herrera 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). Santo-Herrera has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of *2 Case: 16-40329 Document: 00513765362 Page: 2 Date Filed: 11/18/2016

No. 16-40329

Santo-Herrera’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. 2014).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Santo-Herrera’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. Richard Santo-Herrera
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Nov 18, 2016
Citation: 670 F. App'x 850
Docket Number: 16-40329 Summary Calendar
Court Abbreviation: 5th Cir.
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