U.S. Court of Appeals for the Fifth Circuit, 2020

United States v. Leandro Cortez-Zamora

United States v. Leandro Cortez-Zamora
U.S. Court of Appeals for the Fifth Circuit · Decided January 7, 2020

United States v. Leandro Cortez-Zamora

Opinion

Case: 18-40944 Document: 00515261053 Page: 1 Date Filed: 01/07/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 18-40944 Fifth Circuit FILED Conference Calendar January 7, 2020 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee v. LEANDRO CORTEZ-ZAMORA, Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:18-cr-10-4

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Leandro Cortez-Zamora 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). Cortez-Zamora has filed a response with an incorporated motion for appointment of new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Cortez-Zamora’s claims of ineffective

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40944 Document: 00515261053 Page: 2 Date Filed: 01/07/2020

No. 18-40944 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 Cortez-Zamora’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for appointment of new counsel is DENIED, 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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