USA v. Ismael Correa, Jr.

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UNPUBLISHED OPINION FILED. [13-20628 Dismissed as Frivolous] Judge: PEH , Judge: EHJ , Judge: SAH. Mandate pull date is 08/13/2014 for Appellant Ismael Correa Jr.; granting motion to withdraw as counsel filed by Mr. Miguel Andres Sanchez-Ross [7564140-2] [13-20628]

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Case: 13-20628 Document: 00512708502 Page: 1 Date Filed: 07/23/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-20628 Summary Calendar United States Court of Appeals Fifth Circuit FILED July 23, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ISMAEL CORREA, JR., also known as Ismael Correa Trevino, also known as Ismael Correa, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 4:13-CR-176-1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Ismael Correa, Jr., 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). Correa has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Correa’s claims of ineffective assistance of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20628 Document: 00512708502 Page: 2 Date Filed: 07/23/2014 No. 13-20628 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), petition for cert. filed (June 4, 2014) (No. 13-10484). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Correa’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

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