U.S. Court of Appeals for the Fifth Circuit, 2018

United States v. Elias Mendoza

United States v. Elias Mendoza
U.S. Court of Appeals for the Fifth Circuit · Decided June 7, 2018

United States v. Elias Mendoza

Opinion

Case: 17-50222 Document: 00514504076 Page: 1 Date Filed: 06/07/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-50222 June 7, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ELIAS MENDOZA, also known as Big E, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 6:16-CR-68-2

Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Elias Mendoza 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). Mendoza has filed a response and has moved to file a supplemental response.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Case: 17-50222 Document: 00514504076 Page: 2 Date Filed: 06/07/2018

No. 17-50222 The record is not sufficiently developed to allow us to make a fair evaluation of Mendoza’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 Mendoza’s response and proposed supplemental response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, Mendoza’s motion to file a supplemental response is GRANTED, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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