United States v. Herrera

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10925
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MIRIAM CRYSTAL HERRERA,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:18-CR-6-9

Before ELROD, SOUTHWICK, and COSTA, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent Miriam Crystal Herrera 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). Herrera has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Herrera’s claim of ineffective
assistance of counsel; we therefore decline to consider the claim without

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
June 10, 2020

Lyle W. Cayce
Clerk
Case: 19-10925 Document: 00515448326 Page: 1 Date Filed: 06/10/2020

No. 19-10925
2
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 Herrera’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
5
TH CIR. R. 42.2.
Case: 19-10925 Document: 00515448326 Page: 2 Date Filed: 06/10/2020