U.S. Court of Appeals for the Eleventh Circuit, 2020

United States v. Algenis Mendez-Quinones

U.S. Court of Appeals for the Eleventh Circuit · Decided August 4, 2020

Opinion

Case: 20-10006 Date Filed: 08/04/2020 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-10006 Non-Argument Calendar ________________________ D.C. Docket No. 8:19-cr-00020-VMC-AEP-1

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ALGENIS MENDEZ-QUINONES, Defendant - Appellant.

________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (August 4, 2020) Before WILSON, MARTIN, and JILL PRYOR, Circuit Judges.

PER CURIAM: Bryant Camareno, appointed counsel for Algenis Mendez-Quinones in this direct criminal appeal, has moved to withdraw from further representation of Case: 20-10006 Date Filed: 08/04/2020 Page: 2 of 2

Mendez-Quinones and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Our independent review of the entire record reveals that counsel’s assessment of the merit of the appeal is correct. Because independent examination of the record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Mendez-Quinones’s conviction and sentence are AFFIRMED.1

1 Mendez-Quinones responded to Camareno’s motion to withdraw and expressed a desire to bring a claim for ineffective assistance of counsel. “Except in the rare instance when the record is sufficiently developed, we will not address claims for ineffective assistance of counsel on direct appeal.” United States v. Verbitskaya, 406 F.3d 1324, 1337 (11th Cir. 2005). “Instead, an ineffective assistance of counsel claim is properly raised in a collateral attack on the conviction under 28 U.S.C. § 2255.” United States v. Merrill, 513 F.3d 1293, 1308 (11th Cir. 2008) (alteration adopted and quotation marks omitted). As the record in Mendez-Quinones’ case is not sufficiently developed at this stage, we express no view on the merits of his potential ineffective assistance claim.

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