United States v. Perez-Rodriguez

United States Court of Appeals
for the Fifth Circuit

No. 20-50075
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Osvaldo De Jesus Perez-Rodriguez, also known as Osvaldo
Dejesusperez Rodriguez, also known as Osvaldo Rodriguez,
also known as Osvaldo Perez
, also known as Osvaldo de Jesus
Perez-Rodriguez, also known as Osvaldo de Jesus Rodriguez-
Perez,

Defendant—Appellant.

Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:19-CR-595-3

Before Jones, Haynes, and Costa, Circuit Judges.
Per Curiam:*

*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
December 22, 2020

Lyle W. Cayce
Clerk
Case: 20-50075 Document: 00515681997 Page: 1 Date Filed: 12/22/2020

No. 20-50075
2
The attorney appointed to represent Osvaldo de Jesus Perez-
Rodriguez 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). Perez-Rodriguez has filed responses. The
record is not sufficiently developed to allow us to make a fair evaluation of
Perez-Rodriguez’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 Perez-Rodriguez’s responses. Perez-
Rodriguez’s motions for appointment of substitute counsel are DENIED.
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.
Case: 20-50075 Document: 00515681997 Page: 2 Date Filed: 12/22/2020