USA v. Jesus Garcia-Acosta, No. 14-40431 (5th Cir. 2015)

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Case: 14-40431 Document: 00513043938 Page: 1 Date Filed: 05/14/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40431 Summary Calendar United States Court of Appeals Fifth Circuit FILED May 14, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JESUS GARCIA-ACOSTA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:13-CR-398 Before KING, JOLLY, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jesus Garcia-Acosta 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). Garcia-Acosta has filed a response and a supplemental response. The record is not sufficiently developed to allow us to make a fair evaluation of Garcia-Acosta’s claim of ineffective assistance of counsel; we 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40431 Document: 00513043938 Page: 2 Date Filed: 05/14/2015 No. 14-40431 therefore decline to consider the claim without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir.), cert. denied, 135 S. Ct. 123 (2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Garcia-Acosta’s responses. 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

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