USA v. Julio Zavala-Rodriguez


UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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