United States v. Neira

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-50712
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff–Appellee,

v.

JAMES NEIRA,

Defendant–Appellant.

Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:18-CR-2399-1

Before JONES, HIGGINSON, and WILLETT, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent James Neira 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).
Neira has filed a response. The record is not sufficiently developed to allow us
to make a fair evaluation of Neira’s claims of ineffective assistance of counsel;

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
March 13, 2020

Lyle W. Cayce
Clerk
Case: 19-50712 Document: 00515344278 Page: 1 Date Filed: 03/13/2020

No. 19-50712
2
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 Neira’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: 19-50712 Document: 00515344278 Page: 2 Date Filed: 03/13/2020