USA v. Alex Perez, No. 18-10244 (5th Cir. 2018)

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Case: 18-10244 Document: 00514705805 Page: 1 Date Filed: 10/31/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-10244 Conference Calendar FILED October 31, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALEX RENEA PEREZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:12-CR-246-1 Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Alex Renea Perez 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 has filed a response. To the extent Perez raises claims of ineffective assistance of counsel, the record is not sufficiently developed to allow us to make a fair evaluation of them; we therefore decline 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-10244 Document: 00514705805 Page: 2 Date Filed: 10/31/2018 No. 18-10244 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’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. Perez’s motion for appointment of new counsel, incorporated in his response, is DENIED. 2

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