United States v. Mendez

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 2, 2024
• Docket: 24-10385
• Status: Unpublished

Opinion

Case: 24-10385 Document: 48-1 Page: 1 Date Filed: 12/02/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals No. 24-10385 Fifth Circuit

Summary Calendar FILED ____________ December 2, 2024 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Oscar Lucio Mendez, Jr.,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:23-CR-14-1 ______________________________

Before Graves, Willett, and Wilson, Circuit Judges. Per Curiam:* The attorney appointed to represent Oscar Lucio Mendez, Jr., 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). Mendez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Mendez’s claims of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-10385 Document: 48-1 Page: 2 Date Filed: 12/02/2024

No. 24-10385

ineffective assistance of counsel and prosecutorial misconduct; we therefore decline to consider the claims without prejudice to any right Mendez may have to raise them on collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014); United States v. Corbett, 742 F.2d 173, 176–78 (5th Cir. 1984). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Mendez’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.