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United States v. Jose Garcia-Rodriguez
670 F. App'x 363
| 5th Cir. | 2016
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Docket

*1 Before JONES, WIENER, and CLEMENT, Circuit Judges.

PER CURIAM: [*]

The Federal Public Defender appointed to represent Jose Guadalupe Garcia-Rodriguez 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). Garcia-Rodriguez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Garcia-Rodriguez’s claims of ineffective assistance of counsel; we therefore *2 Case: 16-40540 Document: 00513762339 Page: 2 Date Filed: 11/16/2016

No. 16-40540

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 Garcia-Rodriguez’s response. Although Garcia- Rodriguez signed a document entitled “Decision Regarding My Appeal,” in which he stated that he wished to appeal only his sentence, we have reviewed the validity of both the conviction and sentence. 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 5 TH C IR . R. 42.2.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Jose Garcia-Rodriguez
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Nov 16, 2016
Citation: 670 F. App'x 363
Docket Number: 16-40540 Summary Calendar
Court Abbreviation: 5th Cir.
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