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United States v. Julio Zavala-Rodriguez, 16-11736 (2017)

Court: Court of Appeals for the Fifth Circuit Number: 16-11736 Visitors: 40
Filed: Aug. 18, 2017
Latest Update: Mar. 03, 2020
Summary: Case: 16-11736 Document: 00514121460 Page: 1 Date Filed: 08/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11736 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 18, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JULIO CESAR ZAVALA-RODRIGUEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-80-2 Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judge
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     Case: 16-11736      Document: 00514121460         Page: 1    Date Filed: 08/18/2017




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 16-11736
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                          August 18, 2017
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

JULIO CESAR ZAVALA-RODRIGUEZ,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Northern District of Texas
                             USDC No. 3:16-CR-80-2


Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Julio Cesar Zavala-Rodriguez 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).     Zavala-Rodriguez has filed a response.               The record is not
sufficiently developed to allow us to make a fair evaluation of Zavala-
Rodriguez’s claim 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: 16-11736    Document: 00514121460     Page: 2   Date Filed: 08/18/2017


                                 No. 16-11736

consider the claim 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 Zavala-Rodriguez’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.




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Source:  CourtListener

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