United States v. Vasquez

Case: 20-10694 Document: 00515849497 Page: 1 Date Filed: 05/05/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 5, 2021
No. 20-10694
Conference Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Rafael Jiminez Vasquez,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:19-CR-37-2
Before Graves, Willett, and Duncan, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Rafael Jiminez Vasquez 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). Vasquez has filed a response and has moved for substitute
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-10694 Document: 00515849497 Page: 2 Date Filed: 05/05/2021
No. 20-10694
counsel. The record is not sufficiently developed to allow us to make a fair
evaluation of Vasquez’s claim of ineffective 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 Vasquez’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. Vasquez’s motion
for substitute counsel is DENIED as untimely. See United States v. Wagner,
158 F.3d 901, 902-03 (5th Cir. 1998).
2