United States v. Oscar Melanson

Case: 16-11532 Document: 00514304669 Page: 1 Date Filed: 01/11/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-11532 Fifth Circuit FILED Summary Calendar January 11, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. OSCAR MELANSON, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:16-CR-21-11 Before DENNIS, SOUTHWICK, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Oscar Melanson 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). Melanson has filed a motion for appointment of new counsel because he wishes to pursue a claim of ineffective assistance of counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Melanson’s 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11532 Document: 00514304669 Page: 2 Date Filed: 01/11/2018 No. 16-11532 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. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Melanson’s motion. 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 and counsel is excused from further responsibilities herein; Melanson’s motion for appointment of counsel is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2