USA v. Maravilla, No. 20-40336 (5th Cir. 2021)

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Case: 20-40336 Document: 00515760772 Page: 1 Date Filed: 03/01/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 20-40336 Conference Calendar March 1, 2021 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Francisco De Jesus Maravilla, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:19-CR-2330-1 Before Graves, Willett, and Duncan, Circuit Judges. Per Curiam:* The attorney appointed to represent Francisco De Jesus Maravilla 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). Maravilla has filed a response. The record is not sufficiently * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-40336 Document: 00515760772 Page: 2 Date Filed: 03/01/2021 No. 20-40336 developed to allow us to make a fair evaluation of Maravilla’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 Maravilla’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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