USA v. Roberto Montes, Jr., No. 19-40848 (5th Cir. 2020)

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Case: 19-40848 Document: 00515582156 Page: 1 Date Filed: 09/29/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 19-40848 Conference Calendar September 29, 2020 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Roberto Marcus Montes, Jr., Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 5:18-CR-287-1 Before Graves, Willett, and Duncan, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Roberto Marcus Montes, Jr., 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). Montes has filed a response. The * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 19-40848 Document: 00515582156 Page: 2 Date Filed: 09/29/2020 No. 19-40848 record is not sufficiently developed to allow us to make a fair evaluation of Montes’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 Montes’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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