USA v. Oscar Acosta-Levario, No. 18-50487 (5th Cir. 2019)

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Case: 18-50485 Document: 00514915754 Page: 1 Date Filed: 04/15/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-50485 c/w No. 18-50487 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 15, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OSCAR UBALDO ACOSTA-LEVARIO, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 4:17-CR-341-1 USDC No. 4:17-CR-399-1 Before HIGGINSON, COSTA, and HO, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Oscar Ubaldo Acosta-Levario 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). Acosta-Levario has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-50485 Document: 00514915754 Page: 2 Date Filed: 04/15/2019 No. 18-50485 c/w No. 18-50487 Acosta-Levario’s claim of 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 records reflected therein, as well as Acosta-Levario’s response. We concur with counsel’s assessment that the consolidated 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 APPEALS ARE DISMISSED. See 5TH CIR. R. 42.2. 2

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