USA v. Jesus Jimenez

Filing

UNPUBLISHED OPINION FILED. [14-51332 Dismissed as Frivolous] Judge: WED , Judge: EBC , Judge: GJC Mandate pull date is 07/14/2015 for Appellant Jesus Jimenez; granting motion to withdraw as counsel filed by Mr. Franklin Gordon Bynum [7860175-2] [14-51332]

Case: 14-51332

Document: 00513089248

Page: 1

Date Filed: 06/23/2015

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

No. 14-51332
Summary Calendar

FILED
June 23, 2015
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JESUS JIMENEZ, also known as Jose Jimenez,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:14-CR-173
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Jesus Jimenez 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).
Jimenez has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Jimenez’s claims of ineffective assistance of
counsel; we therefore decline to consider the claims without prejudice to

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-51332

Document: 00513089248

Page: 2

Date Filed: 06/23/2015

No. 14-51332
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 Jimenez’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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