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United States v. Alexandro Silva, 15-51067 (2016)

Court: Court of Appeals for the Fifth Circuit Number: 15-51067 Visitors: 34
Filed: Oct. 21, 2016
Latest Update: Mar. 03, 2020
Summary: Case: 15-51067 Document: 00513728382 Page: 1 Date Filed: 10/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-51067 FILED Summary Calendar October 21, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALEXANDRO SILVA, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 3:14-CR-1761-1 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: *
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     Case: 15-51067      Document: 00513728382         Page: 1    Date Filed: 10/21/2016




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

                                    No. 15-51067                              FILED
                                  Summary Calendar                      October 21, 2016
                                                                         Lyle W. Cayce
                                                                              Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

ALEXANDRO SILVA,

                                                 Defendant-Appellant


                  Appeals from the United States District Court
                        for the Western District of Texas
                            USDC No. 3:14-CR-1761-1


Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Alexandro Silva 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).
Silva has not filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Silva’s claims of ineffective assistance of




       * 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-51067    Document: 00513728382     Page: 2   Date Filed: 10/21/2016


                                 No. 15-51067

counsel; 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.   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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