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United States v. Alba Rojas, 18-10168 (2018)

Court: Court of Appeals for the Fifth Circuit Number: 18-10168 Visitors: 35
Filed: Nov. 05, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 18-10168 Document: 00514711460 Page: 1 Date Filed: 11/05/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-10168 Conference Calendar United States Court of Appeals Fifth Circuit FILED November 5, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ALBA YANETH ROJAS, also known as Ruth Rojas, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-393-1 Before HIGGINBOTHAM, SMITH, and HAY
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     Case: 18-10168      Document: 00514711460         Page: 1    Date Filed: 11/05/2018




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 18-10168
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                         November 5, 2018
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

ALBA YANETH ROJAS, also known as Ruth Rojas,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Northern District of Texas
                             USDC No. 3:17-CR-393-1


Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Alba Yaneth Rojas 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).
Rojas has filed a response. The record is not sufficiently developed to allow us
to make a fair evaluation of Rojas’s claim of ineffective assistance of counsel;




       * 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: 18-10168      Document: 00514711460   Page: 2   Date Filed: 11/05/2018


                                 No. 18-10168

we therefore decline to 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 Rojas’s response.     We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
Accordingly, counsel’s 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.




                                       2

Source:  CourtListener

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