USA v. Jesse Trevino, Jr.


UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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