Case: 19-40313 Document: 00515151945 Page: 1 Date Filed: 10/09/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 19-40313 FILED
Conference Calendar October 9, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ROGELIO QUIROZ-MOREIRA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:18-CR-1436-1
Before ELROD, COSTA, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Rogelio Quiroz-
Moreira 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). Quiroz-Moreira has filed copies of letters written to
his trial and appellate attorneys, which we construe as a response to the
Anders motion. The record is not sufficiently developed to allow us to make a
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-40313 Document: 00515151945 Page: 2 Date Filed: 10/09/2019
No. 19-40313
fair evaluation of Quiroz-Moreira’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 Quiroz-Moreira’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.
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