Case: 17-40205 Document: 00514280284 Page: 1 Date Filed: 12/20/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 17-40205
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 20, 2017
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
LINO HERNANDEZ-BENITEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:16-CR-1310-1
Before JONES, DENNIS, and GRAVES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Lino Hernandez-
Benitez 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). Hernandez-Benitez has filed a motion for the
appointment of new counsel. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein, as well as Hernandez-
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40205 Document: 00514280284 Page: 2 Date Filed: 12/20/2017
No. 17-40205
Benitez’s motion. We concur with counsel’s assessment that the appeal
presents no nonfrivolous issue for appellate review. To the extent Hernandez-
Benitez asserts a claim of ineffective assistance of counsel in his motion, the
record is not sufficiently developed to allow us to make a fair evaluation of the
claim; 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, counsel’s 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. Hernandez-Benitez’s motion for the
appointment of new counsel is DENIED.
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