United States v. Orlando Abad-Lopez ( 2014 )

Case: 13-20593 Document: 00512666084 Page: 1 Date Filed: 06/17/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-20593
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 17, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
ORLANDO ABAD-LOPEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:11-CR-844-1
Before KING, HAYNES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Orlando Abad-
Lopez 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). Abad-Lopez has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Abad-Lopez’s
claim of ineffective assistance of counsel; we therefore decline to consider the
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-20593 Document: 00512666084 Page: 2 Date Filed: 06/17/2014
No. 13-20593
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 Abad-Lopez’s response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review
because the defendant 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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