United States v. Andres Lujan-Terrazas, Jr. ( 2019 )

Case: 18-50628 Document: 00514967963 Page: 1 Date Filed: 05/22/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-50628 FILED
Conference Calendar May 22, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ANDRES LUJAN-TERRAZAS, JR., also known as Andres Lujan-Terasas, Jr.,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:17-CR-353-2
Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Andres Lujan-Terrazas, Jr., 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). Lujan-Terrazas has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Lujan-Terrazas’s claims of
ineffective assistance of counsel; we therefore decline to consider the claims
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-50628 Document: 00514967963 Page: 2 Date Filed: 05/22/2019
No. 18-50628
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 Lujan-Terrazas’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. Lujan-Terrazas’s motion to substitute his
response for counsel’s Anders brief is DENIED. See United States v. Ogbonna,
184 F.3d 447, 449 n.1 (5th Cir. 1999); United States v. Wagner, 158 F.3d 901,
902-03 (5th Cir. 1998).
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