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
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 HAYN..
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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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
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