United States v. Sergio Galvan-Puente

Case: 16-40197 Document: 00513681188 Page: 1 Date Filed: 09/16/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-40197 FILED
Summary Calendar September 16, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SERGIO GALVAN-PUENTE,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:15-CR-818-1
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Sergio Galvan-
Puente 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). Galvan-Puente has filed a response.
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Galvan-Puente’s response. Although Galvan-
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40197 Document: 00513681188 Page: 2 Date Filed: 09/16/2016
No. 16-40197
Puente signed a document entitled “Decision Regarding My Appeal,” in which
he stated that he wished to appeal only his sentence, we have reviewed the
validity of both the conviction and sentence. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
The record is not sufficiently developed to allow us to make a fair
evaluation of Galvan-Puente’s claims of ineffective assistance of counsel
unrelated to the “Decision Regarding My Appeal”; we therefore decline to
consider those claims without prejudice to collateral review. See United States
v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
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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