United States v. Tapia-Tolentino

Case: 20-40572 Document: 00515830696 Page: 1 Date Filed: 04/21/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 20-40572 April 21, 2021
Conference Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Irving Efrain Tapia-Tolentino,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:20-CR-780-1
Before Smith, Stewart, and Higginson, Circuit Judges.
Per Curiam:*
The Federal Public Defender (FPD) appointed to represent Irving
Efrain Tapia-Tolentino 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). Tapia-Tolentino has not filed a
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-40572 Document: 00515830696 Page: 2 Date Filed: 04/21/2021
No. 20-40572
response. The record is not sufficiently developed to allow us to make a fair
evaluation of the claim of ineffective assistance of counsel raised by the FPD
on Tapia-Tolentino’s behalf; we therefore decline to consider the claim
without prejudice to Tapia-Tolentino’s ability to raise it on 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. 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.
2