United States v. Rodrigo Damaso , 711 F. App'x 248 ( 2018 )

Case: 17-40185 Document: 00514349298 Page: 1 Date Filed: 02/15/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-40185 FILED
Summary Calendar February 15, 2018
Lyle W. Cayce
UNITED STATES OF AMERICA,
Clerk
Plaintiff-Appellee
v.
RODRIGO BORGES DAMASO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:16-CR-546-1
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Rodrigo Borges Damaso 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). Borges Damaso has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Borges Damaso’s claims of
ineffective assistance of counsel; we therefore decline to consider the claims
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40185 Document: 00514349298 Page: 2 Date Filed: 02/15/2018
No. 17-40185
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 Borges Damaso’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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