USA v. Jesus Garcia-Acosta
Filing
UNPUBLISHED OPINION FILED. [14-40431 Dismissed as Frivolous] Judge: CDK , Judge: EGJ , Judge: CH. Mandate pull date is 06/04/2015 for Appellant Jesus Garcia-Acosta; granting motion to withdraw as counsel filed by Mr. Philip G. Gallagher [7701170-2] [14-40431]
Case: 14-40431
Document: 00513043938
Page: 1
Date Filed: 05/14/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40431
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
May 14, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JESUS GARCIA-ACOSTA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:13-CR-398
Before KING, JOLLY, and HAYNES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Jesus Garcia-Acosta
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). Garcia-Acosta has filed a response and a supplemental
response. The record is not sufficiently developed to allow us to make a fair
evaluation of Garcia-Acosta’s claim of ineffective assistance of counsel; we
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40431
Document: 00513043938
Page: 2
Date Filed: 05/14/2015
No. 14-40431
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 Garcia-Acosta’s responses.
We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review.
Accordingly, counsel’s 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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