Filed: Jul. 09, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-40994 Document: 00514546802 Page: 1 Date Filed: 07/09/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-40994 FILED Summary Calendar July 9, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ISAIAS PLANCARTE GARCIA, also known as Cunado, Defendant-Appellant Appeals from the United States District Court for the Eastern District of Texas USDC No. 4:16-CR-101-2 Before REAVLEY, GRAVES, and HO, Circuit
Summary: Case: 17-40994 Document: 00514546802 Page: 1 Date Filed: 07/09/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-40994 FILED Summary Calendar July 9, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ISAIAS PLANCARTE GARCIA, also known as Cunado, Defendant-Appellant Appeals from the United States District Court for the Eastern District of Texas USDC No. 4:16-CR-101-2 Before REAVLEY, GRAVES, and HO, Circuit J..
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Case: 17-40994 Document: 00514546802 Page: 1 Date Filed: 07/09/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-40994 FILED
Summary Calendar July 9, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ISAIAS PLANCARTE GARCIA, also known as Cunado,
Defendant-Appellant
Appeals from the United States District Court
for the Eastern District of Texas
USDC No. 4:16-CR-101-2
Before REAVLEY, GRAVES, and HO, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Isaias Plancarte Garcia (Plancarte
Garcia) 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). Plancarte Garcia has filed a response. The record is
not sufficiently developed to allow us to make a fair evaluation of Plancarte
Garcia’s claims of ineffective assistance of counsel; we therefore decline to
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40994 Document: 00514546802 Page: 2 Date Filed: 07/09/2018
No. 17-40994
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 Plancarte Garcia’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