United States v. Blanco ( 2021 )

Case: 19-40652 Document: 00515918512 Page: 1 Date Filed: 06/29/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 19-40652 June 29, 2021
Conference Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Ines Simon Blanco,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:14-CR-173-2
Before Graves, Willett, and Duncan, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Ines Simon Blanco 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).
Blanco has filed a response. The record is not sufficiently developed to allow
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 19-40652 Document: 00515918512 Page: 2 Date Filed: 06/29/2021
No. 19-40652
us to make a fair evaluation of Blanco’s claim of ineffective assistance of
counsel; we therefore decline to consider the claim without prejudice to
collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
His motion for appointment of substitute counsel is DENIED as untimely.
See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
We have reviewed counsel’s brief and the relevant portions of the
record reflected therein, as well as Blanco’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. His motion for a
remand for resentencing is DENIED.
2