United States v. Jose Mendoza Merida

Case: 14-40624 Document: 00513158888 Page: 1 Date Filed: 08/18/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40624
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
August 18, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JOSE GREGORIO MENDOZA MERIDA,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:11-CR-5-1
Before JOLLY, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Jose Gregorio Mendoza Merida 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). Mendoza Merida has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Mendoza Merida’s claim of
ineffective assistance of counsel; we therefore decline to consider the 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40624 Document: 00513158888 Page: 2 Date Filed: 08/18/2015
No. 14-40624
without prejudice to any right he may have to collateral review. See United
States v. Isgar, 739 F.3d 829, 841 (5th Cir.), cert. denied, 135 S. Ct. 123 (2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Mendoza Merida’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.
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