USA v. Abraham Macias-Ochoa, No. 14-11036 (5th Cir. 2015)

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Case: 14-11036 Document: 00513079249 Page: 1 Date Filed: 06/16/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-11036 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 16, 2015 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ABRAHAM MACIAS-OCHOA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:14-CR-76-1 Before DAVIS, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Abraham MaciasOchoa 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). Macias-Ochoa has filed responses. The record is not sufficiently developed to allow us to make a fair evaluation of Macias-Ochoa’s claims of ineffective assistance of counsel; we therefore decline to consider the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-11036 Document: 00513079249 Page: 2 Date Filed: 06/16/2015 No. 14-11036 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 Macias-Ochoa’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

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