United States v. Jose Vasquez

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 29, 2018
• Docket: 17-10157
• Status: Unpublished

Opinion

Case: 17-10157 Document: 00514408231 Page: 1 Date Filed: 03/29/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 17-10157 FILED Summary Calendar March 29, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE HUMBERTO VASQUEZ,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-80-1

Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * The attorney appointed to represent Jose Humberto Vasquez 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). Vasquez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Vasquez’s claims of ineffective assistance of trial or appellate counsel; we therefore decline to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10157 Document: 00514408231 Page: 2 Date Filed: 03/29/2018

No. 17-10157

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 Vasquez’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.