United States v. Victor Castillo-Olivas

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 12, 2019
• Docket: 19-50095
• Status: Unpublished

Opinion

Case: 19-50095 Document: 00515233932 Page: 1 Date Filed: 12/12/2019

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

FILED No. 19-50095 December 12, 2019 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

VICTOR MANUEL CASTILLO-OLIVAS,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 4:12-CR-275-2

Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Judges. PER CURIAM: * The attorney appointed to represent Victor Manuel Castillo-Olivas 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). Castillo-Olivas has filed a response and moves for the appointment of new appellate counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Castillo-Olivas’s claims of ineffective assistance of

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-50095 Document: 00515233932 Page: 2 Date Filed: 12/12/2019

No. 19-50095

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 Castillo-Olivas’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. 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. Castillo-Olivas’s motion to appoint new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).