United States v. Ordonez

Opinion

Case: 23-50265 Document: 00516963230 Page: 1 Date Filed: 11/09/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50265 Summary Calendar FILED ____________ November 9, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Oswaldo Ordonez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 3:21-CR-725-6 ______________________________

Before Wiener, Stewart, and Douglas, Circuit Judges. Per Curiam: * The attorney appointed to represent Oswaldo Ordonez 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). Ordonez has filed a response, in which he asserts a claim of ineffective assistance of trial counsel. The record is not sufficiently developed to allow

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50265 Document: 00516963230 Page: 2 Date Filed: 11/09/2023

No. 23-50265

us to make a fair evaluation of this claim, so we decline to consider it 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 Ordonez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issues for appellate review. The motion for leave to withdraw is therefore GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2. To the extent that Ordonez seeks substitution of counsel, his motion is DENIED. See United States v. Breeland, 53 F.3d 100, 106 n.11 (5th Cir. 1995).