United States v. Gene Medina

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 29, 2019
• Docket: 18-11165
• Status: Unpublished

Opinion

Case: 18-11165 Document: 00514934476 Page: 1 Date Filed: 04/29/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 18-11165 FILED April 29, 2019 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GENE MEDINA,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 2:18-CR-29-1

Before DAVIS, JONES, and DUNCAN, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Gene Medina 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). Medina has filed untimely responses, which we construe as a motion for leave to file an out-of-time response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-11165 Document: 00514934476 Page: 2 Date Filed: 04/29/2019

No. 18-11165

Medina’s responses. The record is not sufficiently developed to allow us to make a fair evaluation of Medina’s claim of ineffective assistance of 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 concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, and counsel is excused from further responsibilities herein; Medina’s motion for leave to file an out-of-time response is GRANTED; and this APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.