Filed: Aug. 19, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-41255 Document: 00513161576 Page: 1 Date Filed: 08/19/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 19, 2015 No. 14-41255 Lyle W. Cayce Summary Calendar Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN SAUCEDO-VIANEY, also known as Juan Saucedo, also known as Juan Vianey-Saucedo, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:14-CR-113-1
Summary: Case: 14-41255 Document: 00513161576 Page: 1 Date Filed: 08/19/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 19, 2015 No. 14-41255 Lyle W. Cayce Summary Calendar Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN SAUCEDO-VIANEY, also known as Juan Saucedo, also known as Juan Vianey-Saucedo, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:14-CR-113-1 B..
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Case: 14-41255 Document: 00513161576 Page: 1 Date Filed: 08/19/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 19, 2015
No. 14-41255
Lyle W. Cayce
Summary Calendar Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JUAN SAUCEDO-VIANEY, also known as Juan Saucedo, also known as Juan
Vianey-Saucedo,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:14-CR-113-1
Before DAVIS, JONES, and GRAVES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Juan Saucedo-Vianey 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).
Saucedo-Vianey has filed a response. The record is not sufficiently developed
to allow us to make a fair evaluation of Saucedo-Vianey’s claims of ineffective
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41255 Document: 00513161576 Page: 2 Date Filed: 08/19/2015
No. 14-41255
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.), 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 Saucedo-Vianey’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. Saucedo-Vianey’s request to
relieve counsel and to proceed pro se is DENIED as untimely. See United
States v. Wagner,
158 F.3d 901, 902-03 (5th Cir. 1998).
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