USA v. Edgar Rodriguez-Guaiquirian


UNPUBLISHED OPINION FILED. [14-10740 Dismissed as Frivolous] Judge: ECP , Judge: PRO , Judge: JEG. Mandate pull date is 07/09/2015 for Appellant Edgar Enrique Rodriguez-Guaiquirian; granting motion to withdraw as counsel filed by Mr. Shane John Stolarczyk, Esq. [7844538-2] [14-10740]

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Case: 14-10740 Document: 00513084246 Page: 1 Date Filed: 06/18/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-10740 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 18, 2015 UNITED STATES OF AMERICA, Plaintiff–Appellee, Lyle W. Cayce Clerk v. EDGAR ENRIQUE RODRIGUEZ-GUAIQUIRIAN, Defendant–Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:13-CR-37-1 Before PRADO, OWEN, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Edgar Enrique RodriguezGuaiquirian 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-Guaiquirian has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Rodriguez-Guaiquirian’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-10740 Document: 00513084246 Page: 2 Date Filed: 06/18/2015 No. 14-10740 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.), 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-Guaiquirian’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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