USA v. Rene Perez, No. 15-50828 (5th Cir. 2016)

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Case: 15-50828 Document: 00513557984 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-50828 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. RENE PEREZ, also known as Rene Perez-Macedo, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:14-CR-292-18 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * The attorney appointed to represent Rene Perez 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). Perez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Perez’s’ claims of ineffective assistance of counsel; 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-50828 Document: 00513557984 Page: 2 Date Filed: 06/21/2016 No. 15-50828 we therefore decline to consider the Perez’s’ 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 Perez’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