United States v. Fidel Mendez-Hernandez

Case: 16-51127 Document: 00513975456 Page: 1 Date Filed: 05/02/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-51127
Fifth Circuit
FILED
Summary Calendar May 2, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
FIDEL MENDEZ-HERNANDEZ, also known as Fidel Mendez Hernandez,
Defendant-Appellant
Cons. w/ No. 16-51129
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
FIDEL MENDEZ-HERNANDEZ, also known as Miguel Mendez Hernandez,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 1:16-CR-134-1
USDC No. 1:13-CR-179-1
Case: 16-51127 Document: 00513975456 Page: 2 Date Filed: 05/02/2017
No. 16-51127
Cons w/ No. 16-51129
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Fidel Mendez-
Hernandez 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). Mendez-Hernandez has filed a response. The record
is not sufficiently developed to allow us to make a fair evaluation of Mendez-
Hernandez’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 Mendez-Hernandez’s response. We concur with
counsel’s assessment that the appeals present no nonfrivolous issue for
appellate review. Accordingly, the motion for leave to withdraw is GRANTED,
counsel is excused from further responsibilities herein, and the APPEALS ARE
DISMISSED. See 5TH CIR. R. 42.2.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
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