Filed: Oct. 16, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-50716 Document: 00514684433 Page: 1 Date Filed: 10/16/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-50716 FILED Conference Calendar October 16, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OMAR VILLALPANDO-GONZALEZ, also known as Omar Jonathan Villapando, also known as Omar Jonathon Villapando Gonzalez, also known as Omar Gonzalez-Villapando, also known as Omar Villalpando, also known as O
Summary: Case: 17-50716 Document: 00514684433 Page: 1 Date Filed: 10/16/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-50716 FILED Conference Calendar October 16, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OMAR VILLALPANDO-GONZALEZ, also known as Omar Jonathan Villapando, also known as Omar Jonathon Villapando Gonzalez, also known as Omar Gonzalez-Villapando, also known as Omar Villalpando, also known as Om..
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Case: 17-50716 Document: 00514684433 Page: 1 Date Filed: 10/16/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-50716 FILED
Conference Calendar October 16, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
OMAR VILLALPANDO-GONZALEZ, also known as Omar Jonathan
Villapando, also known as Omar Jonathon Villapando Gonzalez, also known
as Omar Gonzalez-Villapando, also known as Omar Villalpando, also known
as Omar Jonathan Villalpando-Gonzalez, also known as Omar Gonzalez,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:16-CR-360-1
Before REAVLEY, OWEN, and GRAVES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Omar Villalpando-Gonzalez 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). Villalpando-Gonzalez has filed a response.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-50716 Document: 00514684433 Page: 2 Date Filed: 10/16/2018
No. 17-50716
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Villalpando-Gonzalez’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review. To the extent Villalpando-Gonzalez asserts a claim of
ineffective assistance of counsel, the record is not sufficiently developed to
allow us to make a fair evaluation of the claim; we therefore decline to consider
it without prejudice to collateral review. See United States v. Isgar,
739 F.3d
829, 841 (5th Cir. 2014).
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