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United States v. John Garcia
693 F. App'x 369
5th Cir.
2017
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Docket

*1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

PER CURIAM: [*]

The attorney appointed to represent John Garcia 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). Garcia has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Garcia’s claims of ineffective assistance of *2 Case: 16-11251 Document: 00514080742 Page: 2 Date Filed: 07/19/2017

No. 16-11251

counsel; we therefore decline to 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 Garcia’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. Garcia’s motion to substitute counsel is DENIED. See United States v. Wagner , 158 F.3d 901, 902-03 (5th Cir. 1998).

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. John Garcia
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jul 19, 2017
Citation: 693 F. App'x 369
Docket Number: 16-11251 Summary Calendar
Court Abbreviation: 5th Cir.
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