United States v. Eugenio Quintero

Case: 14-11220 Document: 00513157992 Page: 1 Date Filed: 08/18/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-11220 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 18, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. EUGENIO QUINTERO, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:14-CR-93-6 Before JOLLY, GRAVES, and COSTA, Circuit Judges. PER CURIAM: * The attorney appointed to represent Eugenio Quintero on appeal has filed a motion to withdraw that is incorporated in a brief filed pursuant to Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Quintero has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Quintero’s claim of ineffective assistance of counsel; we therefore decline to consider the claim * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-11220 Document: 00513157992 Page: 2 Date Filed: 08/18/2015 No. 14-11220 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 Quintero’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