USA v. Beneth Casas-Amador


UNPUBLISHED OPINION FILED. [16-10514 Dismissed as Frivolous] Judge: TMR, Judge: PRO, Judge: JWE. Mandate pull date is 03/02/2017 for Appellant Beneth Casas-Amador; denying motion to appoint counsel filed by Appellant Mr. Beneth Casas-Amador [8411615-2]; granting motion to withdraw as counsel filed by Mr. James Patrick Whalen [8309177-2] [16-10514]

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Case: 16-10514 Document: 00513869127 Page: 1 Date Filed: 02/09/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10514 Summary Calendar UNITED STATES OF AMERICA, United States Court of Appeals Fifth Circuit FILED February 9, 2017 Lyle W. Cayce Clerk Plaintiff–Appellee, v. BENETH CASAS-AMADOR, Defendant–Appellant. Appeals from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-336-1 Before REAVLEY, OWEN, and ELROD, Circuit Judges. PER CURIAM: * The attorney appointed to represent Beneth Casas-Amador 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). Casas-Amador has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Casas-Amador’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10514 Document: 00513869127 Page: 2 Date Filed: 02/09/2017 No. 16-10514 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 Casas-Amador’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, Casas-Amador’s motion for the appointment of new counsel is DENIED, 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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