Case: 16-51173 Document: 00514251575 Page: 1 Date Filed: 11/28/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-51173 FILED
Summary Calendar November 28, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE GAZCA-SOLIS,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:16-CR-240-1
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Jose Gazca-Solis
has moved for leave to withdraw and has filed briefs pursuant to Anders v.
California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th
Cir. 2011). Gazca-Solis has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Gazca-Solis’s claim of
ineffective assistance of counsel; we therefore decline to consider the claim
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-51173 Document: 00514251575 Page: 2 Date Filed: 11/28/2017
No. 16-51173
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 Gazca-Solis’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. Gazca-Solis’s motion to appoint new counsel is DENIED.
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