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United States v. Rene Perez, 15-50828 (2016)

Court: Court of Appeals for the Fifth Circuit Number: 15-50828 Visitors: 52
Filed: Jun. 21, 2016
Latest Update: Mar. 02, 2020
Summary: Case: 15-50828 Document: 00513557984 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-50828 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. RENE PEREZ, also known as Rene Perez-Macedo, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:14-CR-292-18 Before JONES, CLEMENT, and OWEN, Circu
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     Case: 15-50828      Document: 00513557984         Page: 1    Date Filed: 06/21/2016




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 15-50828
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                            June 21, 2016
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

RENE PEREZ, also known as Rene Perez-Macedo,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Western District of Texas
                            USDC No. 1:14-CR-292-18


Before JONES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Rene 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. The record is not sufficiently developed to allow us
to make a fair evaluation of Perez’s’ claims of ineffective assistance of counsel;




       * 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: 15-50828    Document: 00513557984     Page: 2   Date Filed: 06/21/2016


                                 No. 15-50828

we therefore decline to consider the Perez’s’ 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.




                                       2

Source:  CourtListener

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