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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has filed multiple * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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Precedential Status: Non-Precedential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