Case: 19-50926 Document: 00515698403 Page: 1 Date Filed: 01/07/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
January 7, 2021
No. 19-50926 Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Maria Preciado,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:19-CR-3-1
Before Graves, Willett, and Duncan, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Maria Preciado 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).
Preciado has filed a response. The record is not sufficiently developed to
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 19-50926 Document: 00515698403 Page: 2 Date Filed: 01/07/2021
No. 19-50926
allow us to make a fair evaluation of Preciado’s claim of ineffective assistance
of counsel. We therefore decline to consider the 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 Preciado’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. Preciado’s motion
for appointment of new counsel is DENIED. The case is REMANDED
pursuant to Federal Rule of Criminal Procedure 36 for correction of the
judgment to reflect that Preciado pleaded guilty to 21 U.S.C. § 841(b)(1)(A).
2