USA v. Enrique Plancarte-Estrada, No. 13-10627 (5th Cir. 2015)

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Case: 13-10627 Document: 00512967046 Page: 1 Date Filed: 03/12/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-10627 Conference Calendar United States Court of Appeals Fifth Circuit FILED March 12, 2015 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ENRIQUE PLANCARTE-ESTRADA, also known as Kike, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:11-CR-146-2 Before KING, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Enrique Plancarte-Estrada 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). Plancarte-Estrada has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of PlancarteEstrada’s claim of ineffective assistance of counsel; we therefore decline to 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-10627 Document: 00512967046 Page: 2 Date Filed: 03/12/2015 No. 13-10627 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 Plancarte-Estrada’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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