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United States v. Jose Vasquez, 17-10157 (2018)

Court: Court of Appeals for the Fifth Circuit Number: 17-10157 Visitors: 49
Filed: Mar. 29, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-10157 Document: 00514408231 Page: 1 Date Filed: 03/29/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-10157 FILED Summary Calendar March 29, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE HUMBERTO VASQUEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-80-1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: *
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     Case: 17-10157      Document: 00514408231         Page: 1    Date Filed: 03/29/2018




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

                                    No. 17-10157                               FILED
                                  Summary Calendar                       March 29, 2018
                                                                          Lyle W. Cayce
                                                                               Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

JOSE HUMBERTO VASQUEZ,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Northern District of Texas
                             USDC No. 3:16-CR-80-1


Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Jose Humberto Vasquez 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). Vasquez has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Vasquez’s claims of
ineffective assistance of trial or appellate 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-10157      Document: 00514408231   Page: 2   Date Filed: 03/29/2018


                                 No. 17-10157

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 Vasquez’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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