Case: 16-40078 Document: 00513731103 Page: 1 Date Filed: 10/24/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-40078 FILED
Summary Calendar October 24, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ALBERTO SANCHEZ-AVILES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:15-CR-306-1
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Alberto Sanchez-
Aviles 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). Sanchez-Aviles has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Sanchez-Aviles’s
claim of ineffective assistance of counsel; we therefore decline to consider the
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40078 Document: 00513731103 Page: 2 Date Filed: 10/24/2016
No. 16-40078
claim without prejudice to collateral review. See United States v. Isgar, 739
F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Sanchez-Aviles’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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