United States v. Raul Morales-Sanchez

Case: 14-10196 Document: 00512969977 Page: 1 Date Filed: 03/16/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 14-10196 March 16, 2015 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RAUL RAFAEL MORALES-SANCHEZ, also known as Anthony C. Jaramillo, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 6:13-CR-50-1 Before JOLLY, HIGGINBOTHAM, and OWEN, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Raul Rafael Morales-Sanchez 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). Morales-Sanchez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Morales-Sanchez’s claim 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-10196 Document: 00512969977 Page: 2 Date Filed: 03/16/2015 No. 14-10196 decline to consider the claim without prejudice to 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 Morales-Sanchez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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. 2