USA v. Ignacio Aguilar-Cardenas, No. 16-40364 (5th Cir. 2016)

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Case: 16-40364 Document: 00513797866 Page: 1 Date Filed: 12/14/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-40364 Summary Calendar FILED December 14, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. IGNACIO AGUILAR-CARDENAS, also known as Nacho, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:14-CR-81-12 Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * The attorney appointed to represent Ignacio Aguilar-Cardenas 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). Aguilar-Cardenas has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of AguilarCardenas’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40364 Document: 00513797866 Page: 2 Date Filed: 12/14/2016 No. 16-40364 consider the claims. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). This denial is without prejudice to collateral review: Aguilar-Cardenas may raise any claims of ineffective assistance of counsel in a motion under 18 U.S.C. § 2255. See id. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Aguilar-Cardenas’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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