United States v. Hugo Mercado-Juarez

Case: 14-50402 Document: 00513080532 Page: 1 Date Filed: 06/16/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-50402 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 16, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. HUGO MERCADO-JUAREZ, Defendant-Appellant Cons. w/ No. 14-50404 UNITED STATES OF AMERICA, Plaintiff-Appellee v. HUGO MERCADO JUAREZ, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 2:13-CR-1046-1 USDC No. 2:13-CR-1562-1 Case: 14-50402 Document: 00513080532 Page: 2 Date Filed: 06/16/2015 No. 14-50402 c/w No. 14-50404 Before DAVIS, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Hugo Mercado- Juarez 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). Mercado-Juarez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Mercado- Juarez’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.), cert. denied, 135 S. Ct. 123 (2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Mercado-Juarez’s response. We concur with counsel’s assessment that the appeals present 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 APPEALS ARE DISMISSED. See 5TH CIR. R. 42.2. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2