USA v. Anastacio Nerio, No. 16-40341 (5th Cir. 2016)

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Case: 16-40341 Document: 00513731144 Page: 1 Date Filed: 10/24/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40341 Summary Calendar United States Court of Appeals Fifth Circuit FILED October 24, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANASTACIO NERIO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-1447-1 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Anastacio Nerio 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). Nerio has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Nerio’s claims of ineffective assistance 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40341 Document: 00513731144 Page: 2 Date Filed: 10/24/2016 No. 16-40341 of counsel; we therefore 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 Nerio’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. Nerio’s motion for the appointment of new counsel is DENIED. 2

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