U.S. Court of Appeals for the Fifth Circuit, 2018

United States v. Servando Gonzalez

United States v. Servando Gonzalez
U.S. Court of Appeals for the Fifth Circuit · Decided November 21, 2018

United States v. Servando Gonzalez

Opinion

Case: 17-41174 Document: 00514733034 Page: 1 Date Filed: 11/21/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17-41174 United States Court of Appeals Conference Calendar Fifth Circuit FILED November 21, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee v. SERVANDO GONZALEZ, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15-CR-1112-1

Before REAVLEY, OWEN, and GRAVES, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Servando Gonzalez 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).

Gonzalez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Gonzalez’s claim 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-41174 Document: 00514733034 Page: 2 Date Filed: 11/21/2018

No. 17-41174 counsel; 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 Gonzalez’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.

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