USA v. Juan Becerra, Jr.

Filing

UNPUBLISHED OPINION FILED. [16-41447 Dismissed as Frivolous] Judge: WED , Judge: LHS , Judge: SAH. Mandate pull date is 07/05/2017 for Appellant Juan Becerra Jr.; denying as untimely motion to withdraw brief filed by Appellant Mr. Juan Becerra, Jr. [8419224-2]; denying as untimely motion to proceed pro se filed by Appellant Mr. Juan Becerra, Jr. [8419224-3]; denying as untimely motion to extend time to file appellant's brief filed by Appellant Mr. Juan Becerra, Jr. [8419224-4]; denying as untimely motion to relieve attorney filed by Appellant Mr. Juan Becerra, Jr. [8419202-2]; granting motion to withdraw as counsel filed by Mr. Travis Wiley Berry, I, Esq. [8393354-2] [16-41447]

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Case: 16-41447 Document: 00514033513 Page: 1 Date Filed: 06/14/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41447 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 14, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN BECERRA, JR., Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:15-CR-742-2 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Juan Becerra, Jr., 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). Becerra has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Becerra’s claims of ineffective assistance of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41447 Document: 00514033513 Page: 2 Date Filed: 06/14/2017 No. 16-41447 counsel; we therefore decline to consider the 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 Becerra’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. Becerra’s motions to relieve his attorney and withdraw his brief, to proceed pro se on appeal, and to extend the time to file a new brief are DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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