United States v. Luis Rivera

Case: 16-10487 Document: 00513804370 Page: 1 Date Filed: 12/20/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10487
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 20, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
LUIS RIVERA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-51-1
Before DENNIS, PRADO, and OWEN, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Luis Rivera 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).
Rivera has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Rivera’s claim of ineffective assistance of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10487 Document: 00513804370 Page: 2 Date Filed: 12/20/2016
No. 16-10487
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 Rivera’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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