USA v. Jose Gazca-Solis


UNPUBLISHED OPINION FILED. [16-51173 Dismissed as Frivolous] Judge: WED, Judge: EBC, Judge: GJC. Mandate issue date is 12/20/2017 for Appellant Jose Gazca-Solis; granting motion to withdraw as counsel filed by Mr. Bradford W. Bogan [8406201-2]; denying motion to appoint counsel filed by Appellant Mr. Jose Gazca-Solis [8554189-3] [16-51173]

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Case: 16-51173 Document: 00514251575 Page: 1 Date Filed: 11/28/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-51173 Summary Calendar FILED November 28, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE GAZCA-SOLIS, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:16-CR-240-1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Gazca-Solis has moved for leave to withdraw and has filed briefs pursuant to Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Gazca-Solis has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Gazca-Solis’s claim of ineffective assistance of counsel; we therefore decline to consider the claim 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-51173 Document: 00514251575 Page: 2 Date Filed: 11/28/2017 No. 16-51173 without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Gazca-Solis’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. Gazca-Solis’s motion to appoint new counsel is DENIED. 2

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