USA v. Guillermo Zuniga-Garcia, No. 17-41229 (5th Cir. 2018)

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Case: 17-41229 Document: 00514546561 Page: 1 Date Filed: 07/09/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-41229 Summary Calendar FILED July 9, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GUILLERMO VALENTE ZUNIGA-GARCIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:17-CR-352-1 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Guillermo Valente Zuniga-Garcia 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). Zuniga-Garcia has filed a response and a motion for appointment of new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Zuniga-Garcia’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-41229 Document: 00514546561 Page: 2 Date Filed: 07/09/2018 No. 17-41229 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 Zuniga-Garcia’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, Zuniga-Garcia’s motion for appointment of counsel is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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