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United States v. Jose Lara, 17-11076 (2018)

Court: Court of Appeals for the Fifth Circuit Number: 17-11076 Visitors: 23
Filed: Jul. 03, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-11076 Document: 00514539709 Page: 1 Date Filed: 07/03/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-11076 FILED Conference Calendar July 3, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE GUADALUPE LARA, also known as Lupillo, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-432-4 Before HIGGINBOTHAM, SMITH, and HAYNES,
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     Case: 17-11076      Document: 00514539709         Page: 1    Date Filed: 07/03/2018




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

                                    No. 17-11076                                FILED
                                 Conference Calendar                         July 3, 2018
                                                                           Lyle W. Cayce
                                                                                Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

JOSE GUADALUPE LARA, also known as Lupillo,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Northern District of Texas
                             USDC No. 3:15-CR-432-4


Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.
PER CURIAM: *
       The Federal Public Defender appointed to represent Jose Guadalupe
Lara 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). Lara has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Lara’s claims of ineffective
assistance of counsel; we therefore decline to consider the claims without


       * 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: 17-11076    Document: 00514539709    Page: 2   Date Filed: 07/03/2018


                                No. 17-11076

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 Lara’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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