USA v. Sergio Picasso-Nieto


UNPUBLISHED OPINION FILED. [13-11031 Dismissed as frivolous] Judge: CDK , Judge: CH , Judge: SAH Mandate pull date is 07/08/2014 for Appellant Sergio Picasso-Nieto; granting motion to withdraw as counsel filed by Mr. Robert Jackson Herrington [7556455-2] [13-11031]

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Case: 13-11031 Document: 00512666433 Page: 1 Date Filed: 06/17/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-11031 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 17, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. SERGIO PICASSO-NIETO, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:12-CR-392-3 Before KING, HAYNES, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Sergio Picasso-Nieto 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). Picasso-Nieto has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Picasso-Nieto’s claim of ineffective assistance of counsel; we therefore decline to consider Picasso-Nieto’s claim 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-11031 Document: 00512666433 Page: 2 Date Filed: 06/17/2014 No. 13-11031 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 Picasso-Nieto’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review because Picasso-Nieto validly agreed to waive appeal. 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

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