Case: 14-40145 Document: 00512883564 Page: 1 Date Filed: 12/29/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 14-40145 FILED
Summary Calendar December 29, 2014
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
v.
JUAN CARLOS CUELLAR,
Defendant–Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:11-CR-1741-4
Before PRADO, OWEN, and GRAVES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Juan Carlos Cuellar 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).
Cuellar has moved to strike the Anders brief, appoint substitute counsel, or
proceed pro se on appeal. To the extent his motion raises claims of ineffective
assistance of counsel, we decline to consider them 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40145 Document: 00512883564 Page: 2 Date Filed: 12/29/2014
No. 14-40145
collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir.), cert.
denied, 135 S. Ct. 123 (2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Cuellar’s motion. 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. Cuellar’s motion to strike the Anders brief, appoint substitute
counsel, or proceed pro se on appeal is DENIED. See United States v. Wagner,
158 F.3d 901, 902-03 (5th Cir. 1998).
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