United States v. Jesus Jaramillo

Case: 17-41201 Document: 00514783808 Page: 1 Date Filed: 01/07/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 17-41201 January 7, 2019
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JESUS JARAMILLO,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:16-CR-86-5
Before KING, ELROD, and WILLETT, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Jesus Jaramillo 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). Jaramillo has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Jaramillo’s claims 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-41201 Document: 00514783808 Page: 2 Date Filed: 01/07/2019
No. 17-41201
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. 2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Jaramillo’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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