Case: 13-41222 Document: 00513079183 Page: 1 Date Filed: 06/16/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-41222
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 16, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
HILDEGARDO RODRIGUEZ VIRON, also known as Javier, also known as
Rufino,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:10-CR-169-13
Before DAVIS, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Hildegardo Rodriguez Viron 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). Rodriguez Viron has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Rodriguez Viron’s claim 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-41222 Document: 00513079183 Page: 2 Date Filed: 06/16/2015
No. 13-41222
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.), cert. denied, 135 S. Ct. 123 (2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Rodriguez Viron’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