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United States v. Jesus Jaramillo, 17-41201 (2019)

Court: Court of Appeals for the Fifth Circuit Number: 17-41201 Visitors: 33
Filed: Jan. 07, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 17-41201 Document: 00514783808 Page: 1 Date Filed: 01/07/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-41201 January 7, 2019 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JESUS JARAMILLO, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:16-CR-86-5 Before KING, ELROD, and WILLETT, Circuit Judges. PER CURIAM: * The
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     Case: 17-41201      Document: 00514783808         Page: 1    Date Filed: 01/07/2019




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

                                                                                 FILED
                                    No. 17-41201                           January 7, 2019
                                 Conference Calendar
                                                                            Lyle W. Cayce
                                                                                 Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

JESUS JARAMILLO,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Eastern District of Texas
                             USDC No. 4:16-CR-86-5


Before KING, ELROD, and WILLETT, Circuit Judges.


PER CURIAM: *
       The Federal Public Defender appointed to represent Jesus Jaramillo 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). Jaramillo has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Jaramillo’s claims of



       * 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-41201     Document: 00514783808    Page: 2   Date Filed: 01/07/2019


                                 No. 17-41201

ineffective assistance of counsel; we therefore decline to 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 Jaramillo’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.




                                       2

Source:  CourtListener

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