UNITED STATES v. BARRIENTOS (2018)

The Federal Public Defender appointed to represent Eric Barrientos has moved for leave to withdraw and has filed a brief per Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.