USA v. Alejandro Guerrero-Aguilar

Filing

UNPUBLISHED OPINION FILED. [15-10155 Dismissed as Frivolous] Judge: EGJ , Judge: PEH , Judge: JWE Mandate pull date is 09/08/2017 for Appellant Alejandro Guerrero-Aguilar; granting motion to withdraw as counsel [8442713-2] [15-10155]

Case: 15-10155

Document: 00514121281

Page: 1

Date Filed: 08/18/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-10155
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
August 18, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ALEJANDRO GUERRERO-AGUILAR,

Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:14-CR-118-1
Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Alejandro Guerrero-Aguilar 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). Guerrero-Aguilar filed a response to his prior appellate attorney’s
motion to withdraw pursuant to Anders, but that motion was later withdrawn
when new counsel was appointed. Guerrero-Aguilar has not filed a response

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-10155

Document: 00514121281

Page: 2

Date Filed: 08/18/2017

No. 15-10155
to his new counsel’s motion. Insofar as Guerrero-Aguilar’s response raises
claims of ineffective assistance of counsel, the record is not sufficiently
developed to allow us to make a fair evaluation of those claims. We therefore
decline to consider these 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 Guerrero-Aguilar’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.

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