USA v. Emmitt Herrera, Jr.

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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