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United States v. Jesus Lopez, 15-10172 (2015)

Court: Court of Appeals for the Fifth Circuit Number: 15-10172 Visitors: 51
Filed: Sep. 28, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 15-10172 Document: 00513210287 Page: 1 Date Filed: 09/28/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10172 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 28, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JESUS GILBERTO LOPEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14-CR-36-1 Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM:
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     Case: 15-10172      Document: 00513210287         Page: 1    Date Filed: 09/28/2015




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 15-10172
                                  Summary Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                        September 28, 2015
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

JESUS GILBERTO LOPEZ,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Northern District of Texas
                             USDC No. 3:14-CR-36-1


Before DAVIS, JONES, and GRAVES, Circuit Judges.
PER CURIAM: *
       The Federal Public Defender appointed to represent Jesus Gilberto
Lopez 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). Gilberto Lopez has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Gilberto Lopez’s
claims of ineffective assistance of counsel; we therefore decline to consider the


       * 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: 15-10172     Document: 00513210287     Page: 2   Date Filed: 09/28/2015


                                  No. 15-10172

claims without prejudice to collateral review. See United States v. Isgar, 
739 F.3d 829
, 841 (5th Cir.), cert. denied, 
135 S. Ct. 123
(2014).
      We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Gilberto Lopez’s response.         We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review.    Accordingly, counsel’s 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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