USA v. Jhony Barrios-Andrade, No. 15-41069 (5th Cir. 2016)

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Case: 15-41069 Document: 00513397940 Page: 1 Date Filed: 02/26/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-41069 Summary Calendar United States Court of Appeals Fifth Circuit FILED February 26, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JHONY BARRIOS-ANDRADE, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:15-CR-314 Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Jhony Barrios-Andrade (Barrios) 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). Barrios has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Barrios’s claim of ineffective assistance of counsel; we therefore decline to consider the claim without 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-41069 Document: 00513397940 Page: 2 Date Filed: 02/26/2016 No. 15-41069 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 Barrios’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. Barrios’s motion for the appointment of new counsel is DENIED. 2

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