U.S. Court of Appeals for the Fifth Circuit, 2025

United States v. Mercado

United States v. Mercado
U.S. Court of Appeals for the Fifth Circuit · Decided August 1, 2025

United States v. Mercado

Opinion

Case: 24-10810 Document: 68-1 Page: 1 Date Filed: 08/01/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-10810 Summary Calendar FILED ____________ August 1, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus David Andrew Mercado, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-281-1 ______________________________ Before King, Haynes, and Ho, Circuit Judges.

Per Curiam: * The attorney appointed to represent David Andrew Mercado 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 has previously filed a pro se letter. The record is not sufficiently developed to allow us to make a fair evaluation of Mercado’s _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-10810 Document: 68-1 Page: 2 Date Filed: 08/01/2025

No. 24-10810

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 Mercado’s previously filed pro se letter.

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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