Filed: Oct. 25, 2013
Latest Update: Mar. 28, 2017
Summary: Case: 13-20108 Document: 00512419999 Page: 1 Date Filed: 10/25/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 25, 2013 No. 13-20108 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN ANGEL BARRAZA-VARGAS, also known as Juan Angel Barraza Vargas, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-586-1 Before JOLLY
Summary: Case: 13-20108 Document: 00512419999 Page: 1 Date Filed: 10/25/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 25, 2013 No. 13-20108 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN ANGEL BARRAZA-VARGAS, also known as Juan Angel Barraza Vargas, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-586-1 Before JOLLY,..
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Case: 13-20108 Document: 00512419999 Page: 1 Date Filed: 10/25/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 25, 2013
No. 13-20108
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JUAN ANGEL BARRAZA-VARGAS, also known as Juan Angel Barraza Vargas,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:12-CR-586-1
Before JOLLY, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Juan Angel Barraza-
Vargas 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). Barraza-Vargas has filed a response. The record is
insufficiently developed to allow consideration at this time of Barraza-Vargas’s
claim of ineffective assistance of counsel; such a claim generally “cannot be
resolved on direct appeal when the claim has not been raised before the district
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20108 Document: 00512419999 Page: 2 Date Filed: 10/25/2013
No. 13-20108
court since no opportunity existed to develop the record on the merits of the
allegations.” United States v. Cantwell,
470 F.3d 1087, 1091 (5th Cir. 2006)
(internal quotation marks and citation omitted). We have reviewed counsel’s
brief and the relevant portions of the record reflected therein, as well as
Barraza-Vargas’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