USA v. Guillermo Perez


UNPUBLISHED OPINION FILED. [16-11100 Dismissed as Frivolous] Judge: PEH , Judge: ECP , Judge: CH Mandate pull date is 05/16/2017 for Appellant Guillermo Perez; granting motion to withdraw as counsel filed by Mr. Brian George O'Shea [8356786-2] [16-11100]

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Case: 16-11100 Document: 00513967426 Page: 1 Date Filed: 04/25/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11100 Summary Calendar United States Court of Appeals Fif h Circuit FILED April 25, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GUILLERMO PEREZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-55-1 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges PER CURIAM: * The attorney appointed to represent Guillermo Perez 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). Perez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Perez’s claim of ineffective assistance of counsel; 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11100 Document: 00513967426 Page: 2 Date Filed: 04/25/2017 No. 16-11100 we therefore decline to consider the claim 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 Perez’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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