United States v. Juan Hernandez ( 2019 )

Case: 19-40203 Document: 00515186610 Page: 1 Date Filed: 11/05/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 19-40203 FILED
Conference Calendar November 5, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JUAN MANUEL HERNANDEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:18-CR-546-1
Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Juan Manuel
Hernandez 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). Hernandez’s motion to file an out-of-time response is
GRANTED. The record is not sufficiently developed to allow us to make a fair
evaluation of Hernandez’s claims of ineffective assistance of counsel; we
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-40203 Document: 00515186610 Page: 2 Date Filed: 11/05/2019
No. 19-40203
therefore decline to consider the claims 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 Hernandez’s response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
Accordingly, counsel’s motion for leave to withdraw is GRANTED, Hernandez’s
motion for new appointed counsel is DENIED, counsel is excused from further
responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
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