United States v. Eder Rodriguez

Case: 16-20713 Document: 00514126812 Page: 1 Date Filed: 08/22/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-20713 Fifth Circuit FILED Summary Calendar August 22, 2017 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. EDER CLEDYS RODRIGUEZ, also known as Shorty, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:14-CR-613-2 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Eder Cledys Rodriguez 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 has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of claims of ineffective assistance of counsel; we therefore decline to consider such claims without * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-20713 Document: 00514126812 Page: 2 Date Filed: 08/22/2017 No. 16-20713 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 Rodriguez’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