USA v. Calletano Galarza-Morales, No. 16-10059 (5th Cir. 2016)

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Case: 16-10059 Document: 00513684609 Page: 1 Date Filed: 09/20/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10059 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 20, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, versus Plaintiff–Appellee, CALLETANO GALARZA-MORALES, Also Known as Tommy Salgado, Also Known as Callentano Morales-Galarza, Also Known as Tommy Calletano, Defendant–Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 4:10-CR-95-1 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Calletano Galarza-Morales has moved for leave to withdraw and has filed a brief in accordance with Anders v. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10059 Document: 00513684609 Page: 2 Date Filed: 09/20/2016 No. 16-10059 California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Galarza-Morales has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Galarza-Morales’s claim of ineffective assistance of counsel, so we decline to consider it, but without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief, relevant portions of the record reflected therein, and Galarza-Morales’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

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