U.S. Court of Appeals for the Fifth Circuit, 2016

United States v. Antonio Montes-Ruiz

United States v. Antonio Montes-Ruiz
U.S. Court of Appeals for the Fifth Circuit · Decided December 15, 2016 · Jolly, 'Smith, Graves
671 F. App'x 328

United States v. Antonio Montes-Ruiz

Opinion

PER CURIAM: *

The attorney appointed to represent Antonio Montes-Ruiz 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). Montes-Ruiz has filed a response and a motion to withdraw his guilty plea and for an evidentiary hearing. The record is not sufficiently developed to allow us to make a fair evaluation of Montes-Ruiz’s claims of ineffective assistance of counsel or his claims that coercion or duress tainted his guilty plea; we therefore decline to consider the claims on direct review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014); United States v. Corbett, 742 F.2d 173, 176-78 (5th Cir. 1984).

We have reviewed counsel’s brief, relevant portions of the record reflected therein, and Montes-Ruiz’s response and his motion. We concur with counsel’s assessment that the appeal presents no nonfrivo-lous 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 Cíe. R. 42.2. Montes-Ruiz’s motion ■ to withdraw his guilty plea and for an evidentiary hearing, docketed as a motion for extraordinary relief, is DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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