United States v. Gutierrez-Melendez ( 2022 )


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  • Case: 20-50622     Document: 00516183816         Page: 1     Date Filed: 01/28/2022
    United States Court of Appeals
    for the Fifth Circuit                              United States Court of Appeals
    Fifth Circuit
    FILED
    No. 20-50622                         January 28, 2022
    Summary Calendar                        Lyle W. Cayce
    Clerk
    United States of America,
    Plaintiff—Appellee,
    versus
    Marcelo Ivan Gutierrez-Melendez,
    Defendant—Appellant.
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 4:20-CR-5-1
    Before Higginbotham, Higginson, and Duncan, Circuit Judges.
    Per Curiam:*
    The Federal Public Defender appointed to represent Marcelo Ivan
    Gutierrez-Melendez has moved for leave to withdraw and has filed briefs in
    accordance with Anders v. California, 
    386 U.S. 738
     (1967), and United States
    v. Flores, 
    632 F.3d 229
     (5th Cir. 2011). Gutierrez-Melendez has filed multiple
    *
    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    opinion should not be published and is not precedent except under the limited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: 20-50622      Document: 00516183816           Page: 2    Date Filed: 01/28/2022
    No. 20-50622
    responses. The record is not sufficiently developed to allow us to make a fair
    evaluation of Gutierrez-Melendez’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 briefs and the relevant portions of the
    record reflected therein, as well as Gutierrez-Melendez’s responses. 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
    

Document Info

Docket Number: 20-50622

Filed Date: 1/28/2022

Precedential Status: Non-Precedential

Modified Date: 1/28/2022