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United States v. Xavier Cooper, II, 17-20467 (2018)

Court: Court of Appeals for the Fifth Circuit Number: 17-20467 Visitors: 46
Filed: May 08, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-20467 Document: 00514463685 Page: 1 Date Filed: 05/08/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-20467 FILED Summary Calendar May 8, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. XAVIER ALONZO COOPER, II, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:16-CR-60-1 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIA
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     Case: 17-20467      Document: 00514463685         Page: 1    Date Filed: 05/08/2018




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit
                                    No. 17-20467                                FILED
                                  Summary Calendar                           May 8, 2018
                                                                           Lyle W. Cayce
                                                                                Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

XAVIER ALONZO COOPER, II,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                             USDC No. 4:16-CR-60-1


Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
       The Federal Public Defender appointed to represent Xavier Alonzo
Cooper, II, 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). Cooper has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Cooper’s claim
of ineffective assistance of counsel; we therefore decline to consider the claim


       * 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: 17-20467     Document: 00514463685    Page: 2   Date Filed: 05/08/2018


                                 No. 17-20467

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 Cooper’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. Cooper’s motion for the appointment of substitute counsel is
DENIED. See United States v. Wagner, 
158 F.3d 901
, 902-03 (5th Cir. 1998).




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Source:  CourtListener

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