U.S. Court of Appeals for the Fifth Circuit, 2015

United States v. Henry Zuniga-Rivera

United States v. Henry Zuniga-Rivera
U.S. Court of Appeals for the Fifth Circuit · Decided December 1, 2015 · Wiener, Higginson, Costa
623 F. App'x 262

United States v. Henry Zuniga-Rivera

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Henjy Antonio Zuniga-Riv-era has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Zu- *263 niga-Rivera has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of ZunigaRivera’s claims of 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.), cert. denied, — U.S. -, 135 S.Ct. 123, 190 L.Ed.2d 94 (2014).

We have reviewed counsel’s brief and the relevant portions of the records reflected therein, as well as Zuniga-Rivera’s response. We concur with counsel’s assessment that the appeals present no non-frivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEALS ARE DISMISSED. See 5th Cir. R. 42.2. Zuniga-Rivera’s motion to remove counsel and to appoint new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir, R. 47.5.4.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-law data current through December 31, 2025. Source: CourtListener bulk data.