United States v. Vega

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10648
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff–Appellee,

v.

JOSE VEGA, also known as Mecanico, also known as Jose Martinez, also
known as Jose Vega-Martinez, also known as Jose Martinez-Vega,

Defendant–Appellant.

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:17-CR-341-4

Before JONES, HIGGINSON, and WILLETT, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent Jose Vega 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). Vega
has filed a response. The record is not sufficiently developed to allow us to
make a fair evaluation of Vega’s claims of ineffective assistance of counsel; we

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
May 28, 2020

Lyle W. Cayce
Clerk
Case: 19-10648 Document: 00515431596 Page: 1 Date Filed: 05/28/2020

No. 19-10648
2
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 Vega’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: 19-10648 Document: 00515431596 Page: 2 Date Filed: 05/28/2020