United States v. Leandro Cortez-Zamora

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 18-40944
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

LEANDRO CORTEZ-ZAMORA,

Defendant-Appellant

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:18-cr-10-4

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent Leandro Cortez-Zamora 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). Cortez-Zamora has filed a response with an incorporated motion
for appointment of new counsel. The record is not sufficiently developed to
allow us to make a fair evaluation of Cortez-Zamora’s claims of ineffective

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
January 7, 2020

Lyle W. Cayce
Clerk
Case: 18-40944 Document: 00515261053 Page: 1 Date Filed: 01/07/2020

No. 18-40944
2
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 Cortez-Zamora’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review. Accordingly, the motion for appointment of new counsel is
DENIED, the motion for leave to withdraw is GRANTED, counsel is excused
from further responsibilities herein, and the APPEAL IS DISMISSED. See
5
TH CIR. R. 42.2.
Case: 18-40944 Document: 00515261053 Page: 2 Date Filed: 01/07/2020