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United States v. Adrian Armendariz, 15-50279 (2016)

Court: Court of Appeals for the Fifth Circuit Number: 15-50279 Visitors: 21
Filed: Feb. 18, 2016
Latest Update: Mar. 02, 2020
Summary: Case: 15-50279 Document: 00513385157 Page: 1 Date Filed: 02/17/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-50279 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 17, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ADRIAN DANIEL ARMENDARIZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 4:13-CR-272-1 Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CU
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     Case: 15-50279      Document: 00513385157         Page: 1    Date Filed: 02/17/2016




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 15-50279
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                         February 17, 2016
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

ADRIAN DANIEL ARMENDARIZ,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Western District of Texas
                             USDC No. 4:13-CR-272-1


Before DAVIS, SMITH, and PRADO, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Adrian Daniel Armendariz 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). Armendariz has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Armendariz’s claims of
ineffective assistance of counsel; we therefore decline to consider the claims


       * 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: 15-50279     Document: 00513385157    Page: 2   Date Filed: 02/17/2016


                                 No. 15-50279

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 Armendariz’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. Armendariz’s motion to substitute counsel is DENIED.




                                       2

Source:  CourtListener

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