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United States v. Antonio Ortega-Mendez
692 F. App'x 767
| 5th Cir. | 2017
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*1 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.

PER CURIAM: [*]

The Federal Public Defender appointed to represent Antonio Ortega- Mendez 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). Ortega-Mendez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Ortega- Mendez’s claim of ineffective assistance of counsel; we therefore decline to *2 Case: 16-41430 Document: 00514065896 Page: 2 Date Filed: 07/10/2017

No. 16-41430

consider the claim 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 Ortega-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 5 TH C IR . R. 42.2.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Antonio Ortega-Mendez
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jul 10, 2017
Citation: 692 F. App'x 767
Docket Number: 16-41430 Summary Calendar
Court Abbreviation: 5th Cir.
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