United States v. Mendoza

United States Court of Appeals
for the Fifth Circuit

No. 19-40838
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Daniel Mendoza,

Defendant—Appellant.

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:18-CR-188-1

Before King, Southwick, and Ho, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Daniel Mendoza 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).
Mendoza has filed a response. The record is not sufficiently developed to

*
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opinion should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
FILED
October 2, 2020

Lyle W. Cayce
Clerk
Case: 19-40838 Document: 00515588023 Page: 1 Date Filed: 10/02/2020

No. 19-40838
2
allow us to make a fair evaluation of Mendoza’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 brief and the relevant portions of the
record reflected therein, as well as Mendoza’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, counsel is excused from further responsibilities herein, and
the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.
Case: 19-40838 Document: 00515588023 Page: 2 Date Filed: 10/02/2020