United States v. Victor Sanchez-Ponce

Case: 14-51069 Document: 00513159567 Page: 1 Date Filed: 08/18/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

FILED
No. 14-51069 August 18, 2015
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,

Plaintiff-Appellee

VICTOR MANUEL SANCHEZ-PONCE,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:13-CR-1610-1

Before JOLLY, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Victor Manuel Sanchez-Ponce 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). Sanchez-Ponce has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Sanchez-Ponce’s claim of
ineffective assistance of counsel; we therefore decline to consider the claim

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 14-51069 Document: 00513159567 Page: 2 Date Filed: 08/18/2015

No. 14-51069

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 Sanchez-Ponce’s response. 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,
Sanchez-Ponce’s request for substitute counsel is DENIED, counsel is excused
from further responsibilities herein, and the APPEAL IS DISMISSED. See
5TH CIR. R. 42.2.