United States v. Richard Sanchez

Case: 14-50840 Document: 00513030648 Page: 1 Date Filed: 05/05/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-50840 FILED Summary Calendar May 5, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RICHARD SANCHEZ, also known as Richie, also known as Richard Sanchez, Jr., Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 5:12-CR-901 Before KING, JOLLY, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Richard 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). Sanchez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Sanchez’s claim of ineffective assistance of * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-50840 Document: 00513030648 Page: 2 Date Filed: 05/05/2015 No. 14-50840 counsel; we therefore 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 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. 2