United States v. Jesus Garcia-Acosta

Case: 14-40431 Document: 00513043938 Page: 1 Date Filed: 05/14/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 14-40431 FILED
Summary Calendar May 14, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,

Plaintiff-Appellee

JESUS GARCIA-ACOSTA,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:13-CR-398

Before KING, JOLLY, and HAYNES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Jesus Garcia-Acosta
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). Garcia-Acosta has filed a response and a supplemental
response. The record is not sufficiently developed to allow us to make a fair
evaluation of Garcia-Acosta’s claim of ineffective assistance of counsel; we

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40431 Document: 00513043938 Page: 2 Date Filed: 05/14/2015

No. 14-40431

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 Garcia-Acosta’s responses. 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.