USA v. Montoya, No. 20-50241 (5th Cir. 2021)

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Case: 20-50241 Document: 00515695794 Page: 1 Date Filed: 01/06/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED January 6, 2021 No. 20-50241 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Graciela Montoya, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 3:18-CR-2867-1 Before Davis, Elrod, and Oldham, Circuit Judges. Per Curiam:* The attorney appointed to represent Graciela Montoya 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). Montoya has filed a response. The record is not sufficiently developed to * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-50241 Document: 00515695794 Page: 2 Date Filed: 01/06/2021 No. 20-50241 allow us to make a fair evaluation of Montoya’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 Montoya’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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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