USA v. Jesse Trevino, Jr.

Filing

UNPUBLISHED OPINION FILED. [13-51205 Dismissed as Frivolous] Judge: TMR , Judge: JLD , Judge: LHS Mandate pull date is 10/14/2014 for Appellant Jesse Trevino Jr.; denying motion to proceed pro se filed by Appellant Mr. Jesse Trevino, Jr. [7735593-2]; granting motion to file appellant's supp brief filed by Appellant Mr. Jesse Trevino, Jr. [7636426-3]; granting motion to withdraw document filed by Appellant Mr. Jesse Trevino, Jr. [7636426-2]; granting motion to withdraw as counsel filed by Mr. William Christian [7609918-2] [13-51205]

Case: 13-51205

Document: 00512777377

Page: 1

Date Filed: 09/22/2014

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

FILED
No. 13-51205
Summary Calendar

September 22, 2014
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JESSE TREVINO, JR.,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 1:13-CR-164-4
Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Jesse Trevino, Jr., 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).
Trevino has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Trevino’s claim of ineffective assistance of
counsel; we therefore decline to consider the claim without prejudice to its being

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-51205

Document: 00512777377

Page: 2

Date Filed: 09/22/2014

No. 13-51205
raised on collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th
Cir. 2014), petition for cert. filed (June 4, 2014) (No. 13-10484). Trevino’s
motion to withdraw a previously filed brief and to substitute a brief is
construed as a motion to file a supplemental response to counsel’s Anders
motion, and it is GRANTED. To the extent that Trevino requests leave to
proceed pro se, the request is DENIED as untimely. See United States v.
Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Trevino’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.

2