USA v. Delia Diaz, No. 15-20771 (5th Cir. 2017)

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Case: 15-20771 Document: 00513896584 Page: 1 Date Filed: 03/03/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-20771 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 3, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DELIA DIAZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:13-CR-628-2 Before REAVLEY, OWEN, and ELROD, Circuit Judges. PER CURIAM: * The attorney appointed to represent Delia Diaz 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). Diaz has filed a response, which asserts that her counsel failed to file “necessary papers” so that her forfeited property would go to satisfy her restitution obligations. The record is not sufficiently developed to allow us to make a fair 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-20771 Document: 00513896584 Page: 2 Date Filed: 03/03/2017 No. 15-20771 evaluation of Diaz’s claim of ineffective assistance of 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 Diaz’s response. 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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