Filed: Jun. 14, 2017
Latest Update: Mar. 03, 2020
Summary: Case: 16-41447 Document: 00514033513 Page: 1 Date Filed: 06/14/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-41447 FILED Summary Calendar June 14, 2017 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. JUAN BECERRA, JR., Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:15-CR-742-2 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM:
Summary: Case: 16-41447 Document: 00514033513 Page: 1 Date Filed: 06/14/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-41447 FILED Summary Calendar June 14, 2017 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. JUAN BECERRA, JR., Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:15-CR-742-2 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: ..
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Case: 16-41447 Document: 00514033513 Page: 1 Date Filed: 06/14/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-41447 FILED
Summary Calendar June 14, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
Clerk
Plaintiff-Appellee
v.
JUAN BECERRA, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:15-CR-742-2
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Juan Becerra, Jr., 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).
Becerra has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Becerra’s claims of ineffective assistance of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41447 Document: 00514033513 Page: 2 Date Filed: 06/14/2017
No. 16-41447
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 Becerra’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. Becerra’s motions to relieve his attorney and withdraw his
brief, to proceed pro se on appeal, and to extend the time to file a new brief are
DENIED as untimely. See United States v. Wagner,
158 F.3d 901, 902-03 (5th
Cir. 1998).
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