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United States v. Martin Argeta-Jiron, 15-41323 (2016)

Court: Court of Appeals for the Fifth Circuit Number: 15-41323 Visitors: 37
Filed: Jun. 21, 2016
Latest Update: Mar. 02, 2020
Summary: Case: 15-41323 Document: 00513557266 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-41323 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. MARTIN LORENZO ARGETA-JIRON, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-538-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER C
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     Case: 15-41323      Document: 00513557266         Page: 1    Date Filed: 06/21/2016




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 15-41323
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                            June 21, 2016
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

MARTIN LORENZO ARGETA-JIRON,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                             USDC No. 7:15-CR-538-1


Before JONES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
       The Federal Public Defender appointed to represent Martin Lorenzo
Argeta-Jiron 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). Argeta-Jiron has filed a response. The
record is not sufficiently developed to allow us to make a fair evaluation of
Argeta-Jiron’s claims of ineffective assistance of counsel; we therefore decline


       * 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: 15-41323      Document: 00513557266   Page: 2   Date Filed: 06/21/2016


                                 No. 15-41323

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 Argeta-Jiron’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.




                                       2

Source:  CourtListener

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