Case: 16-50720 Document: 00514008598 Page: 1 Date Filed: 05/26/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-50720 FILED
Summary Calendar May 26, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
JOSE PEDRO FUERTE-NAMBO,
Defendant–Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:15-CR-1127-1
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Jose Fuerte-Nambo
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in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: 16-50720 Document: 00514008598 Page: 2 Date Filed: 05/26/2017
No. 16-50720
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). Fuerte-Nambo has filed a response.
We have reviewed counsel’s brief, relevant portions of the record, and
Fuerte-Nambo’s response. We concur with counsel’s assessment that the
appeal presents no nonfrivolous issue for appellate review. The record is not
sufficiently developed to allow a fair evaluation of Fuerte-Nambo’s claim of
ineffective assistance of counsel; we therefore decline to consider it, without
prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841
(5th Cir. 2014).
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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