USA v. Sergio Flores, No. 14-10160 (5th Cir. 2015)

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Case: 14-10160 Document: 00513060845 Page: 1 Date Filed: 06/01/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-10160 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 1, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SERGIO GARZA FLORES, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 3:13-CR-93 Before KING, JOLLY, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Sergio Garza Flores has moved for leave to withdraw and has filed a brief citing Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Garza Flores has filed responses. His motion to file a supplemental response is GRANTED. The record is not sufficiently developed to allow us to make a fair evaluation of Garza Flores’s claims of ineffective assistance of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-10160 Document: 00513060845 Page: 2 Date Filed: 06/01/2015 No. 14-10160 counsel; we therefore decline to consider the claims 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 Garza Flores’s responses. 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