USA v. Luis Rivera, No. 16-10487 (5th Cir. 2016)

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Case: 16-10487 Document: 00513804370 Page: 1 Date Filed: 12/20/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10487 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 20, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. LUIS RIVERA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-51-1 Before DENNIS, PRADO, and OWEN, Circuit Judges. PER CURIAM: * The attorney appointed to represent Luis Rivera 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). Rivera has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Rivera’s claim of ineffective assistance of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10487 Document: 00513804370 Page: 2 Date Filed: 12/20/2016 No. 16-10487 counsel; we therefore 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 Rivera’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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