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United States v. Antonio Montes-Ruiz
671 F. App'x 328
| 5th Cir. | 2016
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Docket

*1 Before JOLLY, SMITH, and GRAVES, Circuit Judges.

PER CURIAM: [*]

The attorney appointed to represent Antonio Montes-Ruiz has moved for *2 Case: 15-41482 Document: 00513798462 Page: 2 Date Filed: 12/15/2016

No. 15-41482

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). Montes-Ruiz has filed a response and a motion to withdraw his guilty plea and for an evidentiary hearing. The record is not sufficiently developed to allow us to make a fair evaluation of Montes-Ruiz’s claims of ineffective assistance of counsel or his claims that coercion or duress tainted his guilty plea; we there- fore decline to consider the claims on direct 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, relevant portions of the record re- flected therein, and Montes-Ruiz’s response and his motion. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appel- late 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. Montes-Ruiz’s motion to withdraw his guilty plea and for an evidentiary hearing, docketed as a motion for extra- ordinary relief, is DENIED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 Montes-Ruiz
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Dec 15, 2016
Citation: 671 F. App'x 328
Docket Number: 15-41482 Summary Calendar
Court Abbreviation: 5th Cir.
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