USA v. Jose Fuerte-Nambo, No. 16-50720 (5th Cir. 2017)

Annotate this Case

Download PDF

Case: 16-50720 Document: 00514008598 Page: 1 Date Filed: 05/26/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-50720 Summary Calendar United States Court of Appeals Fifth Circuit FILED May 26, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, versus JOSE PEDRO FUERTE-NAMBO, Defendant–Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 2:15-CR-1127-1 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Fuerte-Nambo 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-50720 Document: 00514008598 Page: 2 Date Filed: 05/26/2017 No. 16-50720 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). Fuerte-Nambo has filed a response. We have reviewed counsel’s brief, relevant portions of the record, and Fuerte-Nambo’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. The record is not sufficiently developed to allow a fair evaluation of Fuerte-Nambo’s claim of ineffective assistance of counsel; we therefore decline to consider it, without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). 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. 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.