USA v. Eliud Pequeno
Filing
UNPUBLISHED OPINION FILED. [14-40451 Dismissed as Frivolous] Judge: CDK , Judge: EGJ , Judge: CH Mandate pull date is 04/08/2015 for Appellant Eliud Reymundo Pequeno; granting motion to withdraw as counsel filed by Ms. Sonya Leah Heath, Esq. [7784964-2] [14-40451]
Case: 14-40451
Document: 00512973051
Page: 1
Date Filed: 03/18/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40451
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
March 18, 2015
UNITED STATES OF AMERICA,
Plaintiff-Appellee
Lyle W. Cayce
Clerk
v.
ELIUD REYMUNDO PEQUENO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:10-CR-1066-2
Before KING, JOLLY, and HAYNES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Eliud Reymundo Pequeno 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).
Pequeno has filed a response.
The record is not sufficiently
developed to allow us to make a fair evaluation of Pequeno’s claims of
ineffective assistance of counsel; we therefore decline to consider the claims
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40451
Document: 00512973051
Page: 2
Date Filed: 03/18/2015
No. 14-40451
without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829,
841 (5th Cir.), cert. denied, 135 S. Ct. 123 (2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Pequeno’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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