USA v. Joel Gomez-Alcaraz, No. 16-40005 (5th Cir. 2016)

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Case: 16-40005 Document: 00513808517 Page: 1 Date Filed: 12/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40005 Summary Calendar United States Court of Appeals Fifth Circuit FILED December 21, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOEL GOMEZ-ALCARAZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-628-1 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * The attorney appointed to represent Joel Gomez-Alcaraz 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). Gomez-Alcaraz raised several issues in his pro se notice of appeal. The record is not sufficiently developed to allow us to make a fair evaluation of GomezAlcaraz’s claims of ineffective assistance of counsel; we therefore decline to 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40005 Document: 00513808517 Page: 2 Date Filed: 12/21/2016 No. 16-40005 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 the issues raised by Gomez-Alcaraz. 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