United States v. Alex Avalos

Case: 16-50053 Document: 00513874521 Page: 1 Date Filed: 02/14/2017

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 16-50053 FILED Summary Calendar February 14, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ALEX AVALOS, also known as Taz,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 1:15-CR-266-2

Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Alex Avalos 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). Avalos has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Avalos’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-50053 Document: 00513874521 Page: 2 Date Filed: 02/14/2017

No. 16-50053

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 Avalos’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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