USA v. Eder Rodriguez
Filing
UNPUBLISHED OPINION FILED. [16-20713 Dismissed as Frivolous] Judge: EGJ , Judge: PRO , Judge: CH Mandate pull date is 09/12/2017 for Appellant Eder Cledys Rodriguez; granting motion to withdraw as counsel filed by Ms. Yolanda Evette Jarmon, Esq. [8427161-2] [16-20713]
Case: 16-20713
Document: 00514126812
Page: 1
Date Filed: 08/22/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-20713
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
August 22, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
EDER CLEDYS RODRIGUEZ, also known as Shorty,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:14-CR-613-2
Before JOLLY, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Eder Cledys 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). Rodriguez has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of claims of ineffective
assistance of counsel; we therefore decline to consider such claims without
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-20713
Document: 00514126812
Page: 2
Date Filed: 08/22/2017
No. 16-20713
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 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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