596 F. App'x 343

UNITED STATES of America, Plaintiff-Appellee v. Juan ORDUNA-ARMENDARES, also known as Juan Manuel Orduna-Al-mendarez, Defendant-Appellant.

No. 13-40899

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

March 12, 2015.

Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Margaret Loraine Schmucker, Cedar Park, TX, for Defendant-Appellant.

Juan Manuel Orduna-Armendares, Post, TX, pro se.

Before KING, DENNIS, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Juan Orduna-Armendares has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir.2011). Orduna-Armen-dares has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Orduna-Armen-dares’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.), cert. denied,—U.S.-, 135 S.Ct. 123, 190 L.Ed.2d 94 (2014).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Orduna-Armen-dares’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 ex*344cused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2. Orduna-Armendares’s request for the appointment of new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir.1998).

United States v. Orduna-Armendares
596 F. App'x 343

Case Details

Name
United States v. Orduna-Armendares
Decision Date
Mar 12, 2015
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596 F. App'x 343

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United States

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