USA v. Miguel Uvalle-Echavarria, No. 18-40264 (5th Cir. 2018)

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Case: 18-40264 Document: 00514701211 Page: 1 Date Filed: 10/29/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-40264 Conference Calendar FILED October 29, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MIGUEL ANGEL UVALLE-ECHAVARRIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:17-CR-1770-1 Before DAVIS, JONES, and DUNCAN, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Miguel Angel Uvalle-Echavarria 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). Uvalle-Echavarria has filed a response and a motion for appointment of counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Uvalle-Echavarria’s claim 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40264 Document: 00514701211 Page: 2 Date Filed: 10/29/2018 No. 18-40264 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 Uvalle-Echavarria’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, the motion for appointment of counsel is DENIED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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