USA v. Riley Vallejo
Filing
UNPUBLISHED OPINION FILED. [16-40869 Dismissed as Frivolous] Judge: TMR, Judge: PRO, Judge: JWE. Mandate pull date is 07/12/2017 for Appellant Riley Rene Vallejo; granting motion to withdraw as counsel filed by Mr. David Adler [8385884-2] [16-40869]
Case: 16-40869
Document: 00514043275
Page: 1
Date Filed: 06/21/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-40869
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 21, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
v.
RILEY RENE VALLEJO,
Defendant–Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:15-CR-735-2
Before REAVLEY, OWEN, and ELROD, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Riley Rene Vallejo 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).
Vallejo has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Vallejo’s claim of ineffective assistance related
to his mental health issues; we therefore decline to consider the claim 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40869
Document: 00514043275
Page: 2
Date Filed: 06/21/2017
No. 16-40869
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 Vallejo’s response.
We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review;
we further determine that Vallejo’s remaining claims of ineffective assistance
of counsel present no nonfrivolous issues for appeal. 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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