United States v. Colorado-Cuero

Case: 19-40124 Document: 00515880853 Page: 1 Date Filed: 05/28/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 28, 2021
No. 19-40124
Conference Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Esmir Colorado-Cuero,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:17-CR-20-7
Before Davis, Elrod, and Oldham, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Esmir Colorado-Cuero 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). Colorado-Cuero has not filed a response in this case, but he
*
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opinion should not be published and is not precedent except under the limited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: 19-40124 Document: 00515880853 Page: 2 Date Filed: 05/28/2021
No. 19-40124
has filed a response to his counsel’s Anders motion filed in No. 19-40126, in
which he presents arguments pertinent to the instant criminal proceeding.
The record is not sufficiently developed to allow us to make a fair evaluation
of Colorado-Cuero’s claim of ineffective assistance of counsel; we therefore
decline to consider the 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 Colorado-Cuero’s response filed in
No. 19-40126. We concur with counsel’s assessment that the appeal presents
no nonfrivolous issue for appellate review. Accordingly, counsel’s 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