United States v. Sanchez

Case: 19-40802 Document: 00515849533 Page: 1 Date Filed: 05/05/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 5, 2021
No. 19-40802
Conference Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Noe Sanchez, Jr.,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:18-CR-125-1
Before Graves, Willett, and Duncan, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Noe Sanchez,
Jr., 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 has filed a response. The record is not
*
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opinion should not be published and is not precedent except under the limited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: 19-40802 Document: 00515849533 Page: 2 Date Filed: 05/05/2021
No. 19-40802
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 and the relevant portions of the
record reflected therein, as well as Sanchez’s response. 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, counsel is excused from further responsibilities herein, and
the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.
2