USA v. Reymond Lopez-Fregoso, No. 16-41560 (5th Cir. 2017)

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Case: 16-41560 Document: 00514013214 Page: 1 Date Filed: 05/31/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-41560 Summary Calendar FILED May 31, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. REYMOND JOSUE LOPEZ-FREGOSO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15-CR-1515-1 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Reymond Josue Lopez-Fregoso 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). Lopez-Fregoso has filed a response. To the extent Lopez-Fregoso seeks to raise a claim of ineffective assistance of counsel with respect to his guilty plea, the record is not sufficiently developed 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41560 Document: 00514013214 Page: 2 Date Filed: 05/31/2017 No. 16-41560 to allow us to make a fair evaluation of such a claim; we therefore decline to consider any such 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 Lopez-Fregoso’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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