United States v. Alvarado

Opinion

Case: 20-50538 Document: 00515737372 Page: 1 Date Filed: 02/08/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED February 8, 2021 No. 20-50538 Conference Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Pilar Alvarado,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 7:18-CR-182-1

Before Dennis, Costa, and Engelhardt, Circuit Judges. Per Curiam:* The attorney appointed to represent Pilar Alvarado 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). Alvarado has filed a response and a motion to relieve current counsel and to

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-50538 Document: 00515737372 Page: 2 Date Filed: 02/08/2021

No. 20-50538

appoint new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Alvarado’s claims of ineffective assistance of 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 Alvarado’s response and motion. 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, Alvarado’s motion is DENIED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.