USA v. Funaki Falahola, No. 16-11697 (5th Cir. 2018)

 Annotate this Case
Download PDF
Case: 16-11697 Document: 00514328031 Page: 1 Date Filed: 01/30/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11697 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 30, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FUNAKI FALAHOLA, also known as Noc, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14-CR-266-28 Before JOLLY, JONES, and OWEN, Circuit Judges. PER CURIAM: * The attorney appointed to represent Funaki Falahola 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). Falahola has filed a response. To the extent he makes a claim of ineffective assistance of counsel, the record is not sufficiently developed to allow us to fairly evaluate it; we therefore decline to consider any such claim without 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11697 Document: 00514328031 Page: 2 Date Filed: 01/30/2018 No. 16-11697 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 Falahola’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. We further DENY AS MOOT Falahola’s pro se motions to substitute and DENY AS MOOT his motion for extraordinary relief. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.