USA v. Roberto Rosales, Jr., No. 20-40036 (5th Cir. 2020)

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Case: 20-40036 Document: 00515526169 Page: 1 Date Filed: 08/13/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 20-40036 Conference Calendar August 13, 2020 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Roberto Rosales, Jr., Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 1:18-CR-621-1 Before Jones, Clement, and Haynes, Circuit Judges. Per Curiam:* The attorney appointed to represent Roberto Rosales, Jr., 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). Rosales has filed a response. The record is not sufficiently * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 20-40036 Document: 00515526169 Page: 2 Date Filed: 08/13/2020 No. 20-40036 developed to allow us to make a fair evaluation of Rosales’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 Rosales’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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