United States v. Richard Gomez, Jr.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2