United States v. Vasquez

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 5, 2021
• Docket: 20-10694
• Status: Unpublished

Opinion

Case: 20-10694 Document: 00515849497 Page: 1 Date Filed: 05/05/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED May 5, 2021 No. 20-10694 Conference Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Rafael Jiminez Vasquez,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 2:19-CR-37-2

Before Graves, Willett, and Duncan, Circuit Judges. Per Curiam:* The attorney appointed to represent Rafael Jiminez 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 and has moved for substitute

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-10694 Document: 00515849497 Page: 2 Date Filed: 05/05/2021

No. 20-10694

counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Vasquez’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 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. Vasquez’s motion for substitute counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).