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 v. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2