USA v. Eric Barrientos, No. 17-11489 (5th Cir. 2018)

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Case: 17-11489 Document: 00514539775 Page: 1 Date Filed: 07/03/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-11489 Conference Calendar FILED July 3, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff−Appellee, versus ERIC BARRIENTOS, Also Known as Eric J. Barrientos, Defendant−Appellant. Appeal from the United States District Court for the Northern District of Texas No. 3:16-CR-380-1 Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Eric Barrientos has 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-11489 Document: 00514539775 Page: 2 Date Filed: 07/03/2018 No. 17-11489 moved for leave to withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Barrientos has filed a response. To the extent Barrientos suggests that he has received ineffective assistance of counsel on appeal, the record is not sufficiently developed to allow us to make a fair evaluation of such a claim; we decline to consider it, but without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief, relevant portions of the record, and Barrientos’s response. We concur with counsel’s assessment that the appeal presents no non-frivolous 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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