United States v. Ordonez ( 2023 )

Case: 23-50265 Document: 00516963230 Page: 1 Date Filed: 11/09/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-50265
Summary Calendar FILED
____________ November 9, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Oswaldo Ordonez,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:21-CR-725-6
______________________________
Before Wiener, Stewart, and Douglas, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Oswaldo Ordonez 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).
Ordonez has filed a response, in which he asserts a claim of ineffective
assistance of trial counsel. The record is not sufficiently developed to allow
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-50265 Document: 00516963230 Page: 2 Date Filed: 11/09/2023
No. 23-50265
us to make a fair evaluation of this claim, so we decline to consider it 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 Ordonez’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issues for
appellate review. The motion for leave to withdraw is therefore
GRANTED, counsel is excused from further responsibilities herein, and
the appeal is DISMISSED. See 5th Cir. R. 42.2. To the extent that
Ordonez seeks substitution of counsel, his motion is DENIED. See United
States v. Breeland, 53 F.3d 100, 106 n.11 (5th Cir. 1995).
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