Case: 13-40295 Document: 00512689439 Page: 1 Date Filed: 07/08/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40295
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
July 8, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
MARCOS HELIODORO TORALES-SANCHEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:12-CR-852-1
Before KING, DAVIS, and ELROD, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Marcos Heliodoro Torales-Sanchez
has moved for leave to withdraw and has filed original and supplemental briefs
in accordance with Anders v. California, 386 U.S. 738 (1967), and United States
v. Flores, 632 F.3d 229 (5th Cir. 2011). Torales-Sanchez has filed a response.
The record is not sufficiently developed to allow us to make a fair evaluation of
Torales-Sanchez’s claims of ineffective assistance of counsel; we therefore
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-40295 Document: 00512689439 Page: 2 Date Filed: 07/08/2014
No. 13-40295
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 briefs and the relevant portions of the record
reflected therein, as well as Torales-Sanchez’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 5TH CIR. R. 42.2. Torales-Sanchez’s motion for appointment
of new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03
(5th Cir. 1998).
2