United States v. Jose Rivera-Porras

Case: 17-40294 Document: 00514207963 Page: 1 Date Filed: 10/24/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 17-40294
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 24, 2017
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JOSE ANTONIO RIVERA-PORRAS,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:17-CR-22-1
Before KING, OWEN, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Jose Antonio
Rivera-Porras 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-Porras has filed a response. The
record is not sufficiently developed to allow us to make a fair evaluation of
Rivera-Porras’s claim of ineffective assistance of counsel. See United States v.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40294 Document: 00514207963 Page: 2 Date Filed: 10/24/2017
No. 17-40294
Isgar, 739 F.3d 829, 841 (5th Cir. 2014). Because that is usually the case, a 28
U.S.C. § 2255 motion is the preferred method for raising claims of ineffective
assistance of counsel. See Massaro v. United States, 538 U.S. 500, 503-09
(2003). We therefore decline to consider Rivera-Porras’s claim of ineffective
assistance of counsel without prejudice to collateral review.
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Rivera-Porras’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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