United States v. Oscar Mendoza Martinez

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 27, 2018
• Docket: 17-50767
• Status: Unpublished

Opinion

Case: 17-50767 Document: 00514738203 Page: 1 Date Filed: 11/27/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17-50767 United States Court of Appeals

Conference Calendar Fifth Circuit

FILED November 27, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff−Appellee,

versus

OSCAR ARDIEL MENDOZA MARTINEZ, Also Known as Oscar Mendoza,

Defendant−Appellant.

Appeal from the United States District Court for the Western District of Texas No. 3:17-CR-668-2

Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM: *

The attorney appointed to represent Oscar Mendoza Martinez has moved

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-50767 Document: 00514738203 Page: 2 Date Filed: 11/27/2018

No. 17-50767

for leave to withdraw and has filed a brief in accordance with Anders v. Cali- fornia, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Mendoza Martinez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation, on direct review, of Mendoza Martinez’s claims of ineffective assistance of counsel, without prejudice to any collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief, relevant portions of the record, and Mendoza Martinez’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.