USA v. Manuel Perez-Villarreal, No. 16-40220 (5th Cir. 2016)

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Case: 16-40220 Document: 00513723796 Page: 1 Date Filed: 10/18/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40220 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 18, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. MANUEL ENRIQUE PEREZ-VILLARREAL, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:13-CR-11-1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Manuel Enrique Perez-Villarreal 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-Villarreal has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Perez-Villarreal’s claims of ineffective assistance of counsel; we therefore 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40220 Document: 00513723796 Page: 2 Date Filed: 10/18/2016 No. 16-40220 decline 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 Perez-Villarreal’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. The motion for the removal of counsel and the appointment of new counsel is DENIED. 2

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