United States v. Albarran

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10315
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RODOLFO ALBARRAN,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:16-CR-534-2

Before STEWART, DENNIS, and HO, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent Rodolfo Albarran 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).
Albarran has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Albarran’s claim of ineffective assistance of

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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 3, 2020

Lyle W. Cayce
Clerk
Case: 19-10315 Document: 00515257764 Page: 1 Date Filed: 01/03/2020

No. 19-10315
2
counsel; we therefore decline to consider the claim 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 Albarran’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
5
TH CIR. R. 42.2.
Case: 19-10315 Document: 00515257764 Page: 2 Date Filed: 01/03/2020