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United States v. Edgar Rodriguez-Guaiquirian, 14-10740 (2015)

Court: Court of Appeals for the Fifth Circuit Number: 14-10740 Visitors: 19
Filed: Jun. 18, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-10740 Document: 00513084246 Page: 1 Date Filed: 06/18/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-10740 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 18, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff–Appellee, v. EDGAR ENRIQUE RODRIGUEZ-GUAIQUIRIAN, Defendant–Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:13-CR-37-1 Before PRADO, OWEN, and GRAVES, Circuit Judges.
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     Case: 14-10740      Document: 00513084246         Page: 1    Date Filed: 06/18/2015




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 14-10740
                                  Summary Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                            June 18, 2015
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff–Appellee,

v.

EDGAR ENRIQUE RODRIGUEZ-GUAIQUIRIAN,

                                                 Defendant–Appellant.


                   Appeal from the United States District Court
                        for the Northern District of Texas
                             USDC No. 3:13-CR-37-1


Before PRADO, OWEN, and GRAVES, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Edgar Enrique Rodriguez-
Guaiquirian 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). Rodriguez-Guaiquirian has filed a
response. The record is not sufficiently developed to allow us to make a fair
evaluation of Rodriguez-Guaiquirian’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: 14-10740     Document: 00513084246     Page: 2   Date Filed: 06/18/2015


                                  No. 14-10740

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.), 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 Rodriguez-Guaiquirian’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.




                                        2

Source:  CourtListener

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