United States v. Saul Anchondo ( 2017 )

Case: 16-50517 Document: 00513956365 Page: 1 Date Filed: 04/18/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-50517
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 18, 2017
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
SAUL ANCHONDO,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:15-CR-1913-1
Before KING, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Saul Anchondo 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).
Anchondo has not filed a response. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-50517 Document: 00513956365 Page: 2 Date Filed: 04/18/2017
No. 16-50517
review. 1 Accordingly, counsel’s 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.
1 Counsel contends that a claim for ineffective assistance of trial counsel exists but
recognizes that a motion pursuant to 28 U.S.C. § 2255 is the appropriate method for raising
this claim. We agree with the latter assessment and therefore decline to consider the claim
without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir.
2014).
2