UNITED STATES OF AMERICA v. RODRIGO BORGES DAMASO

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United States Court of Appeals, Fifth Circuit.

UNITED STATES OF AMERICA, Plaintiff-Appellee v. RODRIGO BORGES DAMASO, Defendant-Appellant

No. 17-40185

Decided: February 15, 2018

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

The attorney appointed to represent Rodrigo Borges Damaso 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). Borges Damaso has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Borges Damaso's claims of ineffective assistance of 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 Borges Damaso'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.

PER CURIAM:*