United States v. Alejandro Revilla-Guevara

Case: 15-20643 Document: 00513721822 Page: 1 Date Filed: 10/18/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-20643 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 18, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ALEJANDRO REVILLA-GUEVARA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CR-194-1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Alejandro Revilla-Guevara 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). Revilla-Guevara has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Revilla-Guevara’s claim of ineffective assistance of counsel; we therefore decline to consider the claim * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-20643 Document: 00513721822 Page: 2 Date Filed: 10/18/2016 No. 15-20643 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 Revilla-Guevara’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, Revilla-Guevara’s motion for the appointment of substitute counsel is DENIED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2