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United States v. Isaias Garcia, 17-40994 (2018)

Court: Court of Appeals for the Fifth Circuit Number: 17-40994 Visitors: 34
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
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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.




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Source:  CourtListener

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