USA v. Santiago Sandoval


UNPUBLISHED OPINION FILED. [16-10523 Dismissed as Frivolous] Judge: PEH , Judge: ECP , Judge: CH Mandate pull date is 06/16/2017 for Appellant Santiago Sandoval; denying motion to appoint counsel filed by Appellant Mr. Santiago Sandoval [8308056-3]; granting motion to withdraw as counsel filed by Mr. Raul Antonio Canez [8300206-2] [16-10523]

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Case: 16-10523 Document: 00514009138 Page: 1 Date Filed: 05/26/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10523 Summary Calendar United States Court of Appeals Fifth Circuit FILED May 26, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SANTIAGO SANDOVAL, also known as Ramiro Sandoval, also known as Ramiro Amador Sandoval, also known as Sandoval Ramiro, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:11-CR-132-2 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Santiago Sandoval 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). Sandoval has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Sandoval’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10523 Document: 00514009138 Page: 2 Date Filed: 05/26/2017 No. 16-10523 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. 2014). Sandoval’s request for appointment of substitute counsel is DENIED. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Sandoval’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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