United States v. Damaso Castillo-Caceres

Case: 15-40126 Document: 00513552985 Page: 1 Date Filed: 06/17/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40126
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 17, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
DAMASO CASTILLO-CACERES, also known as Damaso Castillo,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:14-CR-235-1
Before DAVIS, JONES, and GRAVES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Damaso Castillo-Caceres has moved
for leave to withdraw and has filed briefs in accordance with Anders v.
California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th
Cir. 2011). Castillo-Caceres has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Castillo-Caceres’s claim of
ineffective assistance of counsel; we therefore decline to consider the claim
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40126 Document: 00513552985 Page: 2 Date Filed: 06/17/2016
No. 15-40126
without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829,
841 (5th Cir. 2014).
We have reviewed counsel’s briefs and the relevant portions of the record
reflected therein, as well as Castillo-Caceres’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.
2