USA v. Alba Rojas, No. 18-10168 (5th Cir. 2018)

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Case: 18-10168 Document: 00514711460 Page: 1 Date Filed: 11/05/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-10168 Conference Calendar United States Court of Appeals Fifth Circuit FILED November 5, 2018 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ALBA YANETH ROJAS, also known as Ruth Rojas, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-393-1 Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Alba Yaneth Rojas 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). Rojas has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Rojas’s claim of ineffective assistance of counsel; 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-10168 Document: 00514711460 Page: 2 Date Filed: 11/05/2018 No. 18-10168 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 Rojas’s response. 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. 2

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