United States v. Adolfo Sosa

Case: 13-10136 Document: 00512705666 Page: 1 Date Filed: 07/21/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 13-10136 July 21, 2014 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ADOLFO MICHAEL SOSA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:12-CR-99-1 Before REAVLEY, JONES, and PRADO, Circuit Judges. PER CURIAM: * The attorney appointed to represent Adolfo Michael Sosa has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Sosa has filed a letter in response. The record is not sufficiently developed to allow us to make a fair evaluation of Sosa’s claim of ineffective assistance 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-10136 Document: 00512705666 Page: 2 Date Filed: 07/21/2014 No. 13-10136 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 briefs and the relevant portions of the record reflected therein, as well as Sosa’s response. We concur with counsel’s assessment that Sosa’s 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