United States v. Ignacio Aguilar-Cardenas , 671 F. App'x 323 ( 2016 )

Case: 16-40364 Document: 00513797866 Page: 1 Date Filed: 12/14/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-40364
Fifth Circuit
Summary Calendar
FILED
December 14, 2016
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
IGNACIO AGUILAR-CARDENAS, also known as Nacho,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:14-CR-81-12
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Ignacio Aguilar-Cardenas 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). Aguilar-Cardenas has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Aguilar-
Cardenas’s claims of ineffective assistance of counsel; we therefore decline to
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40364 Document: 00513797866 Page: 2 Date Filed: 12/14/2016
No. 16-40364
consider the claims. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir.
2014). This denial is without prejudice to collateral review: Aguilar-Cardenas
may raise any claims of ineffective assistance of counsel in a motion under 18
U.S.C. § 2255. See id.
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Aguilar-Cardenas’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.
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