United States v. Algenis Mendez-Quinones ( 2020 )


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  •               Case: 20-10006    Date Filed: 08/04/2020   Page: 1 of 2
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 20-10006
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 8:19-cr-00020-VMC-AEP-1
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    ALGENIS MENDEZ-QUINONES,
    Defendant - Appellant.
    ________________________
    Appeal from the United States District Court
    for the Middle District of Florida
    ________________________
    (August 4, 2020)
    Before WILSON, MARTIN, and JILL PRYOR, Circuit Judges.
    PER CURIAM:
    Bryant Camareno, appointed counsel for Algenis Mendez-Quinones in this
    direct criminal appeal, has moved to withdraw from further representation of
    Case: 20-10006       Date Filed: 08/04/2020        Page: 2 of 2
    Mendez-Quinones and filed a brief pursuant to Anders v. California, 
    386 U.S. 738
    ,
    
    87 S. Ct. 1396
     (1967). Our independent review of the entire record reveals that
    counsel’s assessment of the merit of the appeal is correct. Because independent
    examination of the record reveals no arguable issues of merit, counsel’s motion to
    withdraw is GRANTED, and Mendez-Quinones’s conviction and sentence are
    AFFIRMED.1
    1
    Mendez-Quinones responded to Camareno’s motion to withdraw and expressed a desire
    to bring a claim for ineffective assistance of counsel. “Except in the rare instance when the
    record is sufficiently developed, we will not address claims for ineffective assistance of counsel
    on direct appeal.” United States v. Verbitskaya, 
    406 F.3d 1324
    , 1337 (11th Cir. 2005). “Instead,
    an ineffective assistance of counsel claim is properly raised in a collateral attack on the
    conviction under 
    28 U.S.C. § 2255
    .” United States v. Merrill, 
    513 F.3d 1293
    , 1308 (11th Cir.
    2008) (alteration adopted and quotation marks omitted). As the record in Mendez-Quinones’
    case is not sufficiently developed at this stage, we express no view on the merits of his potential
    ineffective assistance claim.
    

Document Info

Docket Number: 20-10006

Filed Date: 8/4/2020

Precedential Status: Non-Precedential

Modified Date: 8/4/2020