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United States v. Miranda Sierra, 19-30174 (2020)

Court: Court of Appeals for the Fifth Circuit Number: 19-30174 Visitors: 4
Filed: Mar. 18, 2020
Latest Update: Mar. 18, 2020
Summary: Case: 19-30174 Document: 00515348924 Page: 1 Date Filed: 03/18/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-30174 March 18, 2020 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MIRANDA SIERRA, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:17-CR-249-1 Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges. PER CURIAM:
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     Case: 19-30174      Document: 00515348924         Page: 1    Date Filed: 03/18/2020




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT
                                                                        United States Court of Appeals
                                                                                 Fifth Circuit

                                                                               FILED
                                    No. 19-30174                          March 18, 2020
                                 Conference Calendar
                                                                          Lyle W. Cayce
                                                                               Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

MIRANDA SIERRA,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                      for the Western District of Louisiana
                             USDC No. 5:17-CR-249-1


Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Miranda Sierra 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).
Sierra has filed a response. The record is not sufficiently developed to allow us
to make a fair evaluation of Sierra’s claim 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-30174    Document: 00515348924    Page: 2   Date Filed: 03/18/2020


                                No. 19-30174

we therefore decline to consider the 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 Sierra’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.




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Source:  CourtListener

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