USA v. Luis Rivera

Filing

UNPUBLISHED OPINION FILED. [16-10487 Dismissed as Frivolous] Judge: JLD , Judge: ECP , Judge: PRO Mandate pull date is 01/10/2017 for Appellant Luis Rivera; granting motion to withdraw as counsel filed by Mr. Shane John Stolarczyk, Esq. [8265207-2] [16-10487]

Case: 16-10487

Document: 00513804370

Page: 1

Date Filed: 12/20/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10487
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
December 20, 2016

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
LUIS RIVERA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-51-1
Before DENNIS, PRADO, and OWEN, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Luis Rivera 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).
Rivera has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Rivera’s claim 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10487

Document: 00513804370

Page: 2

Date Filed: 12/20/2016

No. 16-10487
counsel; we therefore decline to 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 brief and the relevant portions of the record
reflected therein, as well as Rivera’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