USA v. James Fernandez, No. 16-50169 (5th Cir. 2016)

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Case: 16-50169 Document: 00513689707 Page: 1 Date Filed: 09/23/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-50169 Summary Calendar FILED September 23, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAMES LOUIS FERNANDEZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 7:15-CR-153-5 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent James Louis Fernandez 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). Fernandez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Fernandez’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-50169 Document: 00513689707 Page: 2 Date Filed: 09/23/2016 No. 16-50169 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 Fernandez’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

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