United States v. Mark Sanchez , 710 F. App'x 228 ( 2018 )


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  •      Case: 17-50267      Document: 00514328132         Page: 1    Date Filed: 01/30/2018
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 17-50267
    Summary Calendar
    United States Court of Appeals
    Fifth Circuit
    FILED
    January 30, 2018
    UNITED STATES OF AMERICA,
    Lyle W. Cayce
    Clerk
    Plaintiff-Appellee
    v.
    MARK ANTHONY SANCHEZ,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 7:16-CR-279-2
    Before KING, ELROD, and HIGGINSON, Circuit Judges.
    PER CURIAM: *
    The attorney appointed to represent Mark Anthony Sanchez 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). Sanchez has filed a response suggesting, inter alia, that his guilty
    plea was induced by promises outside of the plea agreement and that his
    counsel was ineffective. The record is not sufficiently developed to allow us to
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-50267    Document: 00514328132     Page: 2   Date Filed: 01/30/2018
    No. 17-50267
    make a fair evaluation of the claims; we therefore decline to consider them
    without prejudice to their consideration on collateral review. See United States
    v. Isgar, 
    739 F.3d 829
    , 841 (5th Cir. 2014); United States v. Corbett, 
    742 F.2d 173
    , 177-78 & n.11 (5th Cir. 1984).
    We have reviewed counsel’s brief and the relevant portions of the record
    reflected therein, as well as Sanchez’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.
    2
    

Document Info

Docket Number: 17-50267 Summary Calendar

Citation Numbers: 710 F. App'x 228

Judges: King, Elrod', Higginson

Filed Date: 1/30/2018

Precedential Status: Non-Precedential

Modified Date: 11/6/2024