United States v. Sergio Suarez-Colima

Case: 14-10426 Document: 00513118251 Page: 1 Date Filed: 07/16/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-10426 FILED Summary Calendar July 16, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SERGIO SUAREZ-COLIMA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:13-CR-133 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Sergio Suarez-Colima 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). Suarez-Colima has filed a response and a supplemental response. The record is not sufficiently developed to allow us to make a fair evaluation of Suarez-Colima’s claims 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-10426 Document: 00513118251 Page: 2 Date Filed: 07/16/2015 No. 14-10426 decline to consider the claims 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 Suarez-Colima’s responses. 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