United States v. Gonzalo Garcia-Melchor

Case: 20-40286 Document: 00515627892 Page: 1 Date Filed: 11/05/2020

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED November 5, 2020 No. 20-40286 Lyle W. Cayce Conference Calendar Clerk

United States of America,

Plaintiff—Appellee, versus

Gonzalo Garcia-Melchor,

Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:19-CR-320-1

Before Graves, Willett, and Duncan, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Gonzalo Garcia- Melchor 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). Garcia-Melchor has filed a response. The record Case: 20-40286 Document: 00515627892 Page: 2 Date Filed: 11/05/2020

No. 20-40286 is not sufficiently developed to allow us to make a fair evaluation of Garcia- Melchor’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 Garcia-Melchor’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.