United States v. Jose Valdez-Villalobos ( 2019 )

Case: 18-11451 Document: 00515207335 Page: 1 Date Filed: 11/20/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 18-11451 November 20, 2019
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE ANTONIO VALDEZ-VILLALOBOS, also known as Tony,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:16-CR-286-1
Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Jose Antonio Valdez-Villalobos 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). Valdez-Villalobos has filed a response and a motion for
appointment of new counsel. The record is not sufficiently developed to allow
us to make a fair evaluation of Valdez-Villalobos’s claim of ineffective
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-11451 Document: 00515207335 Page: 2 Date Filed: 11/20/2019
No. 18-11451
assistance of counsel; we therefore decline to consider the claim 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 Valdez-Villalobos’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review. Accordingly, Valdez-Villalobos’s motion for the appointment
of new counsel is DENIED, counsel’s 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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