United States v. Edgar Rodriguez-Falcon , 710 F. App'x 242 ( 2018 )


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  •      Case: 17-40544      Document: 00514332939         Page: 1    Date Filed: 02/01/2018
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    No. 17-40544
    Fifth Circuit
    FILED
    Summary Calendar                       February 1, 2018
    Lyle W. Cayce
    UNITED STATES OF AMERICA,                                                       Clerk
    Plaintiff-Appellee
    v.
    EDGAR HECTOR RODRIGUEZ-FALCON,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 7:17-CR-156-1
    Before KING, ELROD, and HIGGINSON, Circuit Judges.
    PER CURIAM: *
    The Federal Public Defender appointed to represent Edgar Hector
    Rodriguez-Falcon 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). Rodriguez-Falcon has filed a response.
    The record is not sufficiently developed to allow us to make a fair evaluation of
    Rodriguez-Falcon’s claim of ineffective assistance of counsel; we therefore
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40544    Document: 00514332939     Page: 2   Date Filed: 02/01/2018
    No. 17-40544
    decline to consider the claim without prejudice to collateral review. See United
    States v. Isgar, 
    739 F.3d 829
    , 841 (5th Cir. 2014).
    Rodriguez-Falcon also argues that the Bureau of Prisons failed to credit
    him for time served in jail before his conviction. The method for computing a
    federal prisoner’s sentence is controlled by 18 U.S.C. § 3585, but responsibility
    for calculating detention credit lies with the Attorney General, through the
    BOP, and not the courts. United States v. Wilson, 
    503 U.S. 329
    , 337 (1992).
    Before appealing his sentence calculation, Rodriguez-Falcon must first seek
    administrative review through the BOP’s Administrative Remedy Program.
    See United States v. Setser, 
    607 F.3d 128
    , 133 (5th Cir. 2010). Once Rodriguez-
    Falcon “has exhausted his administrative remedies, he may file a pro se
    petition for habeas relief under 28 U.S.C. § 2241, challenging the BOP’s
    computation of his sentence.” 
    Id. at 133
    n.3 (quotation marks and modification
    omitted).
    We have reviewed counsel’s brief and the relevant portions of the record
    reflected therein, as well as Rodriguez-Falcon’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.
    2
    

Document Info

Docket Number: 17-40544

Citation Numbers: 710 F. App'x 242

Filed Date: 2/1/2018

Precedential Status: Non-Precedential

Modified Date: 1/13/2023