USA v. Emmitt Herrera, Jr.

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UNPUBLISHED OPINION FILED. [16-10704 Dismissed as Frivolous] Judge: EGJ , Judge: PRO , Judge: CH. Mandate pull date is 09/22/2017 for Appellant Emmitt Herrera Jr.; denying motion to appoint counsel filed by Appellant Mr. Emmitt Herrera, Jr. [8564887-2]; granting motion to withdraw as counsel filed by Mr. Robert Lee Webster [8354367-2] [16-10704]

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Case: 16-10704 Document: 00514140419 Page: 1 Date Filed: 09/01/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10704 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 1, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EMMITT HERRERA, JR., Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-55-2 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Emmitt Herrera, Jr., has moved for leave to withdraw and has filed a brief and a supplemental brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Herrera has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Herrera’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10704 Document: 00514140419 Page: 2 Date Filed: 09/01/2017 No. 16-10704 without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). The motion for appointment of substitute counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Herrera’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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