United States v. Fidel Cardenas

Case: 13-20726 Document: 00513099407 Page: 1 Date Filed: 06/30/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-20726 FILED Summary Calendar June 30, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FIDEL GALARZA CARDENAS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-581 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * The attorney appointed to represent Fidel Galarza Cardenas 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). Cardenas has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Cardenas’s claims of ineffective assistance of counsel; we therefore decline to consider them without * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20726 Document: 00513099407 Page: 2 Date Filed: 06/30/2015 No. 13-20726 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 Cardenas’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. Cardenas’s motion to file a pro se brief is DENIED. 2