United States v. Henry Zuniga-Rivera

Case: 15-50374 Document: 00513289406 Page: 1 Date Filed: 12/01/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 15-50374
Fifth Circuit
FILED
c/w No. 15-50375 December 1, 2015
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HENRY ANTONIO ZUNIGA-RIVERA,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 1:15-CR-22
USDC No. 1:09-CR-608
Before WIENER, HIGGINSON, and COSTA, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Henry Antonio
Zuniga-Rivera 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). Zuniga-Rivera has filed a response.
The record is not sufficiently developed to allow us to make a fair evaluation of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-50374 Document: 00513289406 Page: 2 Date Filed: 12/01/2015
No. 15-50374
c/w No. 15-50375
Zuniga-Rivera’s claims of ineffective assistance of counsel; we therefore decline
to consider the claims without prejudice to collateral review. See United States
v. Isgar, 739 F.3d 829, 841 (5th Cir.), cert. denied, 135 S. Ct. 123 (2014).
We have reviewed counsel’s brief and the relevant portions of the records
reflected therein, as well as Zuniga-Rivera’s response. We concur with
counsel’s assessment that the appeals present no nonfrivolous issue for
appellate review. Accordingly, the motion for leave to withdraw is GRANTED,
counsel is excused from further responsibilities herein, and the APPEALS ARE
DISMISSED. See 5TH CIR. R. 42.2. Zuniga-Rivera’s motion to remove counsel
and to appoint new counsel is DENIED. See United States v. Wagner, 158 F.3d
901, 902-03 (5th Cir. 1998).
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