Case: 16-40341 Document: 00513731144 Page: 1 Date Filed: 10/24/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-40341
Fifth Circuit
FILED
Summary Calendar October 24, 2016
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
ANASTACIO NERIO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:15-CR-1447-1
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Anastacio Nerio 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). Nerio has filed a response. The record is not sufficiently developed
to allow us to make a fair evaluation of Nerio’s claims of ineffective assistance
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40341 Document: 00513731144 Page: 2 Date Filed: 10/24/2016
No. 16-40341
of counsel; we therefore decline to consider the claims 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 Nerio’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. Nerio’s motion for the appointment of new counsel is
DENIED.
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