United States v. Ruben Lopez-Lara

Case: 14-41150 Document: 00513147427 Page: 1 Date Filed: 08/10/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-41150 Summary Calendar United States Court of Appeals Fifth Circuit FILED August 10, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. RUBEN LOPEZ-LARA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:12-CR-903-1 Before ELROD, SOUTHWICK, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Ruben Lopez-Lara 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). Lopez-Lara has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Lopez-Lara’s claims of ineffective assistance of counsel; we therefore decline to consider the claims 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-41150 Document: 00513147427 Page: 2 Date Filed: 08/10/2015 No. 14-41150 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 Lopez-Lara’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