USA v. Manuel Miranda-Zapata

Filing

UNPUBLISHED OPINION FILED. [16-40748 Dismissed as Frivolous] Judge: PEH , Judge: ECP , Judge: CH Mandate pull date is 02/02/2017 for Appellant Manuel Miranda-Zapata; granting motion to withdraw as counsel filed by Mr. Scott Andrew Martin [8307554-2] [16-40748]

Case: 16-40748

Document: 00513833660

Page: 1

Date Filed: 01/12/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-40748
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
January 12, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MANUEL MIRANDA-ZAPATA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:16-CR-76-1

Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Manuel MirandaZapata 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). Miranda-Zapata has filed a response. The record is
not sufficiently developed to allow us to make a fair evaluation of MirandaZapata’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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40748

Document: 00513833660

Page: 2

Date Filed: 01/12/2017

No. 16-40748
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 Miranda-Zapata’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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