United States v. Juan Orduna-Armendares

U.S. Court of Appeals for the Fifth Circuit
United States v. Juan Orduna-Armendares, 596 F. App'x 343 (5th Cir. 2015)

United States v. Juan Orduna-Armendares

Opinion

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 *344 cused 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).

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Juan ORDUNA-ARMENDARES, Also Known as Juan Manuel Orduna-Al-Mendarez, Defendant-Appellant
Status
Unpublished