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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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