Case: 13-50833 Document: 00512774544 Page: 1 Date Filed: 09/18/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-50833
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
September 18, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
DANIEL VILLEGAS-AGUILAR,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:12-CR-1748-1
Before PRADO, OWEN, and GRAVES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Daniel Villegas-
Aguilar has moved for leave to withdraw and has filed briefs in accordance
with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632
F.3d 229 (5th Cir. 2011). Villegas-Aguilar has filed responses. The record is
not sufficiently developed to allow us to make a fair evaluation of Villegas-
Aguilar’s claim of ineffective assistance of counsel; we therefore decline to
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-50833 Document: 00512774544 Page: 2 Date Filed: 09/18/2014
No. 13-50833
consider the claim without prejudice to collateral review. See United States v.
Isgar, 739 F.3d 829, 841 (5th Cir. 2014), petition for cert. filed (June 4, 2014)
(No. 13-10484).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Villegas-Aguilar’s responses. 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.
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