USA v. Jose Rivera-Porra
UNPUBLISHED OPINION FILED. [17-40294 Dismissed as Frivolous] Judge: CDK , Judge: PRO , Judge: SAH. Mandate issue date is 11/15/2017 for Appellant Jose Antonio Rivera-Porras; granting motion to withdraw as counsel filed by Ms. Kayla R. Gassmann [8515369-2] [17-40294]
Date Filed: 10/24/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
October 24, 2017
UNITED STATES OF AMERICA,
Lyle W. Cayce
JOSE ANTONIO RIVERA-PORRAS,
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:17-CR-22-1
Before KING, OWEN, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Jose Antonio
Rivera-Porras 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). Rivera-Porras has filed a response. The
record is not sufficiently developed to allow us to make a fair evaluation of
Rivera-Porras’s claim of ineffective assistance of counsel. See United States v.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 10/24/2017
Isgar, 739 F.3d 829, 841 (5th Cir. 2014). Because that is usually the case, a 28
U.S.C. § 2255 motion is the preferred method for raising claims of ineffective
assistance of counsel. See Massaro v. United States, 538 U.S. 500, 503-09
(2003). We therefore decline to consider Rivera-Porras’s claim of ineffective
assistance of counsel without prejudice to collateral review.
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Rivera-Porras’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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