U.S. Court of Appeals for the Fifth Circuit, 2019

United States v. Gilbert Cantu

United States v. Gilbert Cantu
U.S. Court of Appeals for the Fifth Circuit · Decided March 28, 2019

United States v. Gilbert Cantu

Opinion

Case: 18-40543 Document: 00514893191 Page: 1 Date Filed: 03/28/2019

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

No. 18-40543 FILED March 28, 2019 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GILBERT CANTU, Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:17-CR-72-2

Before DAVIS, JONES, and DUNCAN, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Gilbert Cantu 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).

Cantu has not filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of any claim of ineffective assistance of counsel; we therefore decline to consider the issues noted by counsel without prejudice

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40543 Document: 00514893191 Page: 2 Date Filed: 03/28/2019

No. 18-40543 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. 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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