USA v. Roberto Aguilar


UNPUBLISHED OPINION FILED. [16-10402 Dismissed as Frivolous] Judge: PEH , Judge: ECP , Judge: CH Mandate pull date is 09/01/2017 for Appellant Roberto Aguilar; mooting motion to relieve attorney filed by Appellant Mr. Roberto Aguilar [8304563-2]; denying motion to appoint counsel filed by Appellant Mr. Roberto Aguilar [8304563-3]; granting motion to withdraw as counsel filed by Mr. James Warren St. John, Esq. [8285260-2] [16-10402]

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Case: 16-10402 Document: 00514112171 Page: 1 Date Filed: 08/11/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10402 Summary Calendar United States Court of Appeals Fif h Circuit FILED August 11, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROBERTO AGUILAR, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:15-CR-186-1 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Roberto Aguilar has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Aguilar has filed a response as well as a motion to appoint new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Aguilar’s claim of ineffective assistance of counsel; we therefore decline 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10402 Document: 00514112171 Page: 2 Date Filed: 08/11/2017 No. 16-10402 consider the claim without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Aguilar’s response. 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. Because the appeal is frivolous, Aguilar’s motion to appoint new counsel is DENIED. 2

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