United States v. Rodolfo Albarran
United States v. Rodolfo Albarran
Opinion
Case: 19-10315 Document: 00515257764 Page: 1 Date Filed: 01/03/2020
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-10315 January 3, 2020 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RODOLFO ALBARRAN, Defendant-Appellant
Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-534-2
Before STEWART, DENNIS, and HO, Circuit Judges.
PER CURIAM: * The attorney appointed to represent Rodolfo Albarran 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).
Albarran has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Albarran’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-10315 Document: 00515257764 Page: 2 Date Filed: 01/03/2020
No. 19-10315 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 Albarran’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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