Opinion
No. 18-11451
11-20-2019
UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ANTONIO VALDEZ-VILLALOBOS, also known as Tony, Defendant-Appellant
Conference Calendar Appeal from the United States District Court for the Northern District of Texas
USDC No. 3:16-CR-286-1 Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. --------
The attorney appointed to represent Jose Antonio Valdez-Villalobos 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). Valdez-Villalobos has filed a response and a motion for appointment of new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Valdez-Villalobos's claim of ineffective assistance of 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 Valdez-Villalobos's response. We concur with counsel's assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, Valdez-Villalobos's motion for the appointment of new counsel is DENIED, counsel's 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.