Case: 16-41710 Document: 00514207253 Page: 1 Date Filed: 10/24/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-41710
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 24, 2017
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
IGNACIO FUENTES-BARRIGA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:16-CR-1291-1
Before KING, OWEN, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Ignacio Fuentes-
Barriga 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). Fuentes-Barriga has filed an out-of-time response
along with a motion for leave to file this response, which we GRANT. The
record is not sufficiently developed to allow us to make a fair evaluation of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41710 Document: 00514207253 Page: 2 Date Filed: 10/24/2017
No. 16-41710
Fuentes-Barriga’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 Fuentes-Barriga’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. Fuentes-Barriga’s motion for the
appointment of substitute counsel, incorporated in his response, is DENIED.
2