USA v. Melvin Nunez-Guerra, No. 19-41030 (5th Cir. 2020)

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Case: 19-41030 Document: 00515431781 Page: 1 Date Filed: 05/28/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 19-41030 Conference Calendar United States Court of Appeals Fifth Circuit FILED May 28, 2020 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MELVIN EULISES NUNEZ-GUERRA, also known as Carlos Hernandez Portillo, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:19-CR-1614-1 Before JONES, HIGGINSON, and WILLETT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Melvin Eulises Nunez-Guerra 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). Nunez-Guerra has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-41030 Document: 00515431781 Page: 2 Date Filed: 05/28/2020 No. 19-41030 Nunez-Guerra’s claim of ineffective assistance of counsel; we therefore decline to consider the claim 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 Nunez-Guerra’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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