USA v. Julio Osorio, No. 17-40535 (5th Cir. 2018)

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Case: 17-40535 Document: 00514726195 Page: 1 Date Filed: 11/16/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-40535 Conference Calendar FILED November 16, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JULIO OSORIO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:16-CR-946-3 Before DENNIS, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Julio Osorio has moved for leave to withdraw and has filed a brief and an amended brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Osorio has filed two responses. The record is not sufficiently developed to allow us to make a fair evaluation of Osorio’s claims of ineffective assistance of counsel; we therefore decline to consider the claims 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40535 Document: 00514726195 Page: 2 Date Filed: 11/16/2018 No. 17-40535 prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s amended brief and the relevant portions of the record reflected therein, as well as Osorio’s responses. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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. Osorio’s motion for the appointment of substitute counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2