USA v. Martin Argeta-Jiron, No. 15-41323 (5th Cir. 2016)

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Case: 15-41323 Document: 00513557266 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-41323 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. MARTIN LORENZO ARGETA-JIRON, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-538-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Martin Lorenzo Argeta-Jiron 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). Argeta-Jiron has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Argeta-Jiron’s claims of ineffective assistance of counsel; we therefore decline 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-41323 Document: 00513557266 Page: 2 Date Filed: 06/21/2016 No. 15-41323 to consider the claims 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 Argeta-Jiron’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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