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United States v. Joel Gomez-Alcaraz, 16-40005 (2016)

Court: Court of Appeals for the Fifth Circuit Number: 16-40005 Visitors: 17
Filed: Dec. 21, 2016
Latest Update: Mar. 03, 2020
Summary: Case: 16-40005 Document: 00513808517 Page: 1 Date Filed: 12/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-40005 FILED Summary Calendar December 21, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOEL GOMEZ-ALCARAZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-628-1 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM:
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     Case: 16-40005      Document: 00513808517         Page: 1    Date Filed: 12/21/2016




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

                                    No. 16-40005                                  FILED
                                  Summary Calendar                        December 21, 2016
                                                                             Lyle W. Cayce
                                                                                  Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

JOEL GOMEZ-ALCARAZ,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                             USDC No. 7:15-CR-628-1


Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Joel Gomez-Alcaraz 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).
Gomez-Alcaraz raised several issues in his pro se notice of appeal. The record
is not sufficiently developed to allow us to make a fair evaluation of Gomez-
Alcaraz’s claims of ineffective assistance of counsel; we therefore decline to


       * 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: 16-40005    Document: 00513808517     Page: 2   Date Filed: 12/21/2016


                                 No. 16-40005

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 the issues raised by Gomez-Alcaraz. 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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