USA v. Damaso Castillo-Caceres, No. 15-40126 (5th Cir. 2016)

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Case: 15-40126 Document: 00513552985 Page: 1 Date Filed: 06/17/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40126 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 17, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. DAMASO CASTILLO-CACERES, also known as Damaso Castillo, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:14-CR-235-1 Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Damaso Castillo-Caceres has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Castillo-Caceres has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Castillo-Caceres’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40126 Document: 00513552985 Page: 2 Date Filed: 06/17/2016 No. 15-40126 without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Castillo-Caceres’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