Filed: Dec. 12, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 19-50095 Document: 00515233932 Page: 1 Date Filed: 12/12/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-50095 December 12, 2019 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. VICTOR MANUEL CASTILLO-OLIVAS, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 4:12-CR-275-2 Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Ju
Summary: Case: 19-50095 Document: 00515233932 Page: 1 Date Filed: 12/12/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-50095 December 12, 2019 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. VICTOR MANUEL CASTILLO-OLIVAS, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 4:12-CR-275-2 Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Jud..
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Case: 19-50095 Document: 00515233932 Page: 1 Date Filed: 12/12/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 19-50095 December 12, 2019
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
VICTOR MANUEL CASTILLO-OLIVAS,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:12-CR-275-2
Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Victor Manuel Castillo-Olivas 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). Castillo-Olivas has filed a response and moves for the appointment
of new appellate counsel. The record is not sufficiently developed to allow us
to make a fair evaluation of Castillo-Olivas’s claims of ineffective assistance 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-50095 Document: 00515233932 Page: 2 Date Filed: 12/12/2019
No. 19-50095
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 Castillo-Olivas’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review. 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. Castillo-Olivas’s motion to appoint new counsel is
DENIED. See United States v. Wagner,
158 F.3d 901, 902-03 (5th Cir. 1998).
2