United States v. Ignacio Sanchez ( 2018 )

Case: 17-10172 Document: 00514350242 Page: 1 Date Filed: 02/16/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 17-10172
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 16, 2018
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff—Appellee,
v.
IGNACIO SANCHEZ, also known as Nacho,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-432-35
Before JOLLY, JONES, and OWEN, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Ignacio 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 submitted an untimely response, which we construe as a
motion for leave to file an out-of-time response and GRANT.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-10172 Document: 00514350242 Page: 2 Date Filed: 02/16/2018
No. 17-10172
The record is not sufficiently developed to allow us to make a fair
evaluation of Sanchez’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).
We have reviewed counsel’s brief, Sanchez’s response, and the relevant
portions of the record reflected therein. 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, counsel is
excused from further responsibilities herein, and the APPEAL IS DISMISSED.
See 5TH CIR. R. 42.2.
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