United States v. Juan Ceniceros-Gonzalez , 616 F. App'x 144 ( 2015 )


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  •      Case: 15-10134      Document: 00513198174         Page: 1    Date Filed: 09/17/2015
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    No. 15-10134
    Fifth Circuit
    FILED
    Summary Calendar                        September 17, 2015
    Lyle W. Cayce
    UNITED STATES OF AMERICA,                                                         Clerk
    Plaintiff-Appellee
    v.
    JUAN CENICEROS-GONZALEZ,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 4:14-CR-2
    Before DAVIS, JONES and GRAVES, Circuit Judges.
    PER CURIAM: *
    The Federal Public Defender appointed to represent Juan Ceniceros-
    Gonzalez 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). Ceniceros-Gonzalez has filed a response.
    The record is not sufficiently developed to allow us to make a fair
    evaluation of Ceniceros-Gonzalez’s claims of ineffective assistance of counsel.
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-10134     Document: 00513198174     Page: 2   Date Filed: 09/17/2015
    No. 15-10134
    See United States v. Isgar, 
    739 F.3d 829
    , 841 (5th Cir.), cert. denied, 
    135 S. Ct. 123
    (2014). Nor is the record sufficiently developed for us to address Ceniceros-
    Gonzalez’s contentions that his guilty plea was induced by force, threats, or an
    unfulfilled promise that does not appear in the record. See United States v.
    Corbett, 
    742 F.2d 173
    , 176-78 (5th Cir. 1984). We therefore decline to consider
    these claims without prejudice to Ceniceros-Gonzalez’s right, if any, to seek
    collateral review. See 
    Isgar, 739 F.3d at 841
    ; 
    Corbett, 742 F.2d at 178
    n.11.
    We have reviewed counsel’s brief and the relevant portions of the record
    reflected therein, as well as Ceniceros-Gonzalez’s response. We concur with
    counsel’s assessment that the appeal presents no nonfrivolous issue for
    appellate review. Accordingly, Ceniceros-Gonzalez’s request for appointment
    of new counsel is DENIED, 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.
    2
    

Document Info

Docket Number: 15-10134

Citation Numbers: 616 F. App'x 144

Judges: Davis, Jones, Graves

Filed Date: 9/17/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024