Case: 14-40352 Document: 00513159582 Page: 1 Date Filed: 08/18/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40352
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
August 18, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
RICHARD LEON GOMEZ, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 6:09-CR-34-1
Before JOLLY, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Richard Leon Gomez, Jr., 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). Gomez has filed a response. The record is not sufficiently developed
to allow us to make a fair evaluation of Gomez’s claims of ineffective assistance
of counsel; we therefore decline to consider the claims without prejudice to
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40352 Document: 00513159582 Page: 2 Date Filed: 08/18/2015
No. 14-40352
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 Gomez’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.
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