United States v. Montoya ( 2021 )

Case: 20-50241 Document: 00515695794 Page: 1 Date Filed: 01/06/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
January 6, 2021
No. 20-50241 Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Graciela Montoya,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:18-CR-2867-1
Before Davis, Elrod, and Oldham, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Graciela Montoya 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).
Montoya has filed a response. The record is not sufficiently developed to
*
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opinion should not be published and is not precedent except under the limited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: 20-50241 Document: 00515695794 Page: 2 Date Filed: 01/06/2021
No. 20-50241
allow us to make a fair evaluation of Montoya’s claims of ineffective
assistance of counsel; we 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 Montoya’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, counsel is excused from further responsibilities herein, and
the appeal is DISMISSED. See 5th Cir. R. 42.2.
2