United States v. Oscar Melanson ( 2018 )

Case: 16-11532 Document: 00514304669 Page: 1 Date Filed: 01/11/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-11532
Fifth Circuit
FILED
Summary Calendar January 11, 2018
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
OSCAR MELANSON,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CR-21-11
Before DENNIS, SOUTHWICK, and HAYNES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Oscar Melanson 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).
Melanson has filed a motion for appointment of new counsel because he wishes
to pursue a claim of ineffective assistance of counsel. The record is not
sufficiently developed to allow us to make a fair evaluation of Melanson’s claim
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-11532 Document: 00514304669 Page: 2 Date Filed: 01/11/2018
No. 16-11532
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).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Melanson’s motion. 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 and counsel is
excused from further responsibilities herein; Melanson’s motion for
appointment of counsel is DENIED, and the APPEAL IS DISMISSED. See
5TH CIR. R. 42.2.
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