United States v. Enrique Plancarte-Estrada , 596 F. App'x 353 ( 2015 )

Case: 13-10627 Document: 00512967046 Page: 1 Date Filed: 03/12/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-10627
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
March 12, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
ENRIQUE PLANCARTE-ESTRADA, also known as Kike,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:11-CR-146-2
Before KING, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Enrique Plancarte-Estrada 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). Plancarte-Estrada has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Plancarte-
Estrada’s claim of ineffective assistance of counsel; we therefore decline to
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-10627 Document: 00512967046 Page: 2 Date Filed: 03/12/2015
No. 13-10627
consider the claim without prejudice to collateral review. See United States v.
Isgar, 739 F.3d 829, 841 (5th Cir.), cert. denied, 135 S. Ct. 123 (2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Plancarte-Estrada’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review. Accordingly, counsel’s 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