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United States v. Raymond Tellez, 17-51104 (2018)

Court: Court of Appeals for the Fifth Circuit Number: 17-51104 Visitors: 43
Filed: Oct. 17, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-51104 Document: 00514685619 Page: 1 Date Filed: 10/17/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-51104 October 17, 2018 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RAYMOND S. TELLEZ, also known as Raymond Simon Tellez, also known as Raymond Tellez, also known as Indio, also known as Pato, also known as Yeska, also known as Simon Tellez, Defendant-Appellant Appeal f
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     Case: 17-51104      Document: 00514685619         Page: 1    Date Filed: 10/17/2018




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT
                                                                            United States Court of Appeals
                                                                                     Fifth Circuit

                                                                                   FILED
                                    No. 17-51104                             October 17, 2018
                                 Conference Calendar
                                                                              Lyle W. Cayce
                                                                                   Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

RAYMOND S. TELLEZ, also known as Raymond Simon Tellez, also known as
Raymond Tellez, also known as Indio, also known as Pato, also known as
Yeska, also known as Simon Tellez,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Western District of Texas
                             USDC No. 5:13-CR-468-1


Before DENNIS, CLEMENT, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Raymond S. Tellez 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).
Tellez has filed a response. The record is not sufficiently developed to allow us
to make a fair evaluation of Tellez’s claims of ineffective assistance of counsel,


       * 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: 17-51104    Document: 00514685619     Page: 2   Date Filed: 10/17/2018


                                 No. 17-51104

to the extent that these claims are not barred by his appeal waiver; we
therefore decline to 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 Tellez’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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