USA v. Jorge Fuentes-Aguirre, No. 15-41236 (5th Cir. 2016)

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Case: 15-41236 Document: 00513558664 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-41236 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JORGE ALBERTO FUENTES-AGUIRRE, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-1373-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jorge Alberto Fuentes-Aguirre 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). Fuentes-Aguirre has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Fuentes-Aguirre’s claim of ineffective assistance of counsel; we therefore 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-41236 Document: 00513558664 Page: 2 Date Filed: 06/21/2016 No. 15-41236 decline to consider the claim without 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 Fuentes-Aguirre’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. Fuentes-Aguirre’s motion for the appointment of substitute counsel, incorporated in his response, and his motion to stay the proceedings are DENIED. 2