Case: 15-41430 Document: 00513558075 Page: 1 Date Filed: 06/21/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-41430
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 21, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
ROBERTO CARLOS SOSA-RIVERA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:15-CR-730-1
Before JONES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Roberto Carlos
Sosa-Rivera 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). Sosa-Rivera has filed a response. The
record is not sufficiently developed to allow us to make a fair evaluation of
Sosa-Rivera’s claims of ineffective assistance of counsel; we therefore decline
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-41430 Document: 00513558075 Page: 2 Date Filed: 06/21/2016
No. 15-41430
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 Sosa-Rivera’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, Sosa-Rivera’s request for new appointed
counsel is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
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