USA v. Mariano Valdez, III, No. 20-50270 (5th Cir. 2020)

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Case: 20-50270 Document: 00515619649 Page: 1 Date Filed: 10/28/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 28, 2020 No. 20-50270 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Mariano Valdez, III, also known as Huesos, also known as Rage, also known as Mariano Valdez, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 5:17-CR-391-5 Before Jones, Clement, and Haynes, Circuit Judges. Per Curiam:* The attorney appointed to represent Mariano Valdez, III, 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v. Flores, 632 F.3d 229 (5th * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-50270 Document: 00515619649 Page: 2 Date Filed: 10/28/2020 No. 20-50270 Cir. 2011). Valdez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Valdez’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 Valdez’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. 2

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