United States v. Sergio Picasso-Nieto , 572 F. App'x 289 ( 2014 )

Case: 13-11031 Document: 00512666433 Page: 1 Date Filed: 06/17/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-11031
Conference Calendar United States Court of Appeals
Fifth Circuit
FILED
June 17, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Plaintiff-Appellee Clerk
v.
SERGIO PICASSO-NIETO,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:12-CR-392-3
Before KING, HAYNES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Sergio Picasso-Nieto 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).
Picasso-Nieto has filed a response. The record is not sufficiently developed to
allow us to make a fair evaluation of Picasso-Nieto’s claim of ineffective
assistance of counsel; we therefore decline to consider Picasso-Nieto’s 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-11031 Document: 00512666433 Page: 2 Date Filed: 06/17/2014
No. 13-11031
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 Picasso-Nieto’s response. We concur
with counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review because Picasso-Nieto validly agreed to waive appeal.
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.
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