USA v. Arturo Dominguez, Jr., No. 18-50919 (5th Cir. 2019)
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Case: 18-50919 Document: 00515111295 Page: 1 Date Filed: 09/10/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-50919 Conference Calendar FILED September 10, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff−Appellee, versus ARTURO ROGEILO DOMINGUEZ, JR., Defendant−Appellant. Appeal from the United States District Court for the Western District of Texas No. 7:18-CR-127-1 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Arturo Dominguez, Jr., has moved 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-50919 Document: 00515111295 Page: 2 Date Filed: 09/10/2019 No. 18-50919 to withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Dominguez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Dominguez’s claims of ineffective assistance of counsel, which we therefore decline to consider without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief, relevant portions of the record, and Dominguez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion 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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