United States v. Rogelio Quiroz-Moreira
United States v. Rogelio Quiroz-Moreira
Opinion
Case: 19-40313 Document: 00515151945 Page: 1 Date Filed: 10/09/2019
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 19-40313 FILED Conference Calendar October 9, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROGELIO QUIROZ-MOREIRA, Defendant-Appellant
Appeal from the United States District Court for the Southern District of Texas USDC No. 7:18-CR-1436-1
Before ELROD, COSTA, and ENGELHARDT, Circuit Judges.
PER CURIAM: * The Federal Public Defender appointed to represent Rogelio Quiroz- Moreira 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). Quiroz-Moreira has filed copies of letters written to his trial and appellate attorneys, which we construe as a response to the Anders motion. The record is not sufficiently developed to allow us to make a
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-40313 Document: 00515151945 Page: 2 Date Filed: 10/09/2019
No. 19-40313 fair evaluation of Quiroz-Moreira’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. 2014).
We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Quiroz-Moreira’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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