Case: 13-50262 Document: 00512825927 Page: 1 Date Filed: 11/04/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-50262
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
November 4, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
CARLOS GUERRERO,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:11-CR-1882-13
Before JOLLY, HIGGINBOTHAM, and OWEN, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Carlos Guerrero 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).
Guerrero has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Guerrero’s claim of ineffective assistance of
counsel; we therefore decline to consider the claim without prejudice 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-50262 Document: 00512825927 Page: 2 Date Filed: 11/04/2014
No. 13-50262
collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014),
cert. denied, 2014 WL 2616172 (Oct. 6, 2014) (No. 13-10484).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Guerrero’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.
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