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

United States v. Alfonso Mercado-Cruz

United States v. Alfonso Mercado-Cruz
U.S. Court of Appeals for the Fifth Circuit · Decided June 7, 2018

United States v. Alfonso Mercado-Cruz

Opinion

Case: 17-11179 Document: 00514504201 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 No. 17-11179 FILED Summary Calendar June 7, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALFONSO MERCADO-CRUZ, Defendant-Appellant

Appeals from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-247-1

Before DAVIS, COSTA, and ENGELHARDT, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Alfonso Mercado- Cruz 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). Mercado-Cruz has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Mercado-Cruz’s claims of ineffective assistance of counsel; we therefore decline to consider the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-11179 Document: 00514504201 Page: 2 Date Filed: 06/07/2018

No. 17-11179 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 Mercado-Cruz’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous 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 CIR. R. 42.2.

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