USA v. Julio Zavala-Rodriguez

Filing

UNPUBLISHED OPINION FILED. [16-11736 Dismissed as Frivolous] Judge: EGJ, Judge: PEH, Judge: JWE. Mandate pull date is 09/08/2017 for Appellant Julio Cesar Zavala-Rodriguez; granting motion to withdraw as counsel filed by Mr. Niles Stefan Illich [8458917-2] [16-11736]

Case: 16-11736

Document: 00514121460

Page: 1

Date Filed: 08/18/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-11736
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
August 18, 2017

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
JULIO CESAR ZAVALA-RODRIGUEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:16-CR-80-2
Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Julio Cesar Zavala-Rodriguez 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).

Zavala-Rodriguez has filed a response.

The record is not

sufficiently developed to allow us to make a fair evaluation of ZavalaRodriguez’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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-11736

Document: 00514121460

Page: 2

Date Filed: 08/18/2017

No. 16-11736
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 Zavala-Rodriguez’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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