USA v. Joel Gomez-Alcaraz

Filing

UNPUBLISHED OPINION FILED. [16-40005 Dismissed as Frivolous] Judge: EHJ, Judge: JLW, Judge: EBC. Mandate pull date is 01/11/2017 for Appellant Joel Gomez-Alcaraz; granting motion to withdraw as counsel filed by Ms. Carmen Roe, Esq. [8283113-2] [16-40005]

Case: 16-40005

Document: 00513808517

Page: 1

Date Filed: 12/21/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-40005
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
December 21, 2016
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOEL GOMEZ-ALCARAZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:15-CR-628-1
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *

The attorney appointed to represent Joel Gomez-Alcaraz 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).
Gomez-Alcaraz raised several issues in his pro se notice of appeal. The record
is not sufficiently developed to allow us to make a fair evaluation of GomezAlcaraz’s claims 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40005

Document: 00513808517

Page: 2

Date Filed: 12/21/2016

No. 16-40005
consider the claims 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 the issues raised by Gomez-Alcaraz. 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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