Case: 15-40545 Document: 00513309393 Page: 1 Date Filed: 12/15/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40545
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 15, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
RAUL GARCIA, also known as Juan Antonio Guzman,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:12-CR-180-6
Before JONES, SOUTHWICK, and COSTA, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Raul Garcia 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).
Garcia has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Garcia’s claim of ineffective assistance of
counsel; we therefore decline to consider the claim 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40545 Document: 00513309393 Page: 2 Date Filed: 12/15/2015
No. 15-40545
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 Garcia’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. Garcia’s incorporated motion for the appointment of
substitute counsel is DENIED.
2
United States v. Raul Garcia
Combined Opinion