USA v. Hildegardo Rodriguez Viron

Filing

UNPUBLISHED OPINION FILED. [13-41222 Dismissed as frivolous] Judge: WED , Judge: EHJ , Judge: SAH Mandate pull date is 07/07/2015 for Appellant Hildegardo Rodriguez Viron; granting motion to withdraw as counsel filed by Mr. James Patrick Whalen [7730727-2] [13-41222]

Case: 13-41222

Document: 00513079183

Page: 1

Date Filed: 06/16/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-41222
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
June 16, 2015

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
HILDEGARDO RODRIGUEZ VIRON, also known as Javier, also known as
Rufino,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:10-CR-169-13
Before DAVIS, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Hildegardo Rodriguez Viron 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). Rodriguez Viron has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Rodriguez Viron’s claim 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-41222

Document: 00513079183

Page: 2

Date Filed: 06/16/2015

No. 13-41222
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.), cert. denied, 135 S. Ct. 123 (2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Rodriguez Viron’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.

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