USA v. Eliud Pequeno

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UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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