USA v. Jose Gonzalez-Ayala, No. 17-50887 (5th Cir. 2018)

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Case: 17-50887 Document: 00514560696 Page: 1 Date Filed: 07/18/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-50887 Conference Calendar United States Court of Appeals Fifth Circuit FILED July 18, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE LUIS GONZALEZ-AYALA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:17-CR-1060-1 Before DAVIS, JONES, and DUNCAN, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Luis GonzalezAyala 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). Gonzalez-Ayala submitted an untimely supplemental brief, which we construe as a motion for leave to file an out-of-time response and GRANT. The record is not sufficiently developed to allow us to make a fair 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-50887 Document: 00514560696 Page: 2 Date Filed: 07/18/2018 No. 17-50887 evaluation of Gonzalez-Ayala’s claims of 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 Gonzalez-Ayala’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. 2

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