USA v. Cruz Aranda
UNPUBLISHED OPINION FILED. [16-50106 Dismissed as Frivolous] Judge: CDK, Judge: JLD, Judge: GJC. Mandate pull date is 04/24/2017 for Appellant Cruz Diosdado Aranda; granting motion to withdraw as counsel filed by Ms. Kimberly S. Keller [8362455-2] [16-50106]
Date Filed: 04/03/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
April 3, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
CRUZ DIOSDADO ARANDA, also known as Cruz D. Aranda, also known as
Cruz Aranda, also known as Crus Diosdado, Jr., also known as Crus Diosdado,
also known as Cruz Diosada, also known as Cruz Aranda Diosdado,
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:13-CR-842-1
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Cruz Diosdado Aranda 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). Diosdado Aranda has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Diosdado Aranda’s claims of
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 04/03/2017
ineffective assistance of counsel; we therefore decline to consider these claims.
See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). This denial is
without prejudice to collateral review: Diosdado Aranda may raise any claims
of ineffective assistance of counsel in a motion under 18 U.S.C. § 2255. See id.
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Diosdado Aranda’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review. However, we note that, if the imposition of forfeiture was a
clerical error as counsel suggests, Diosdado Aranda may move the district
court to correct the judgment. See FED. R. CRIM. P. 36.
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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