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UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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