United States v. Montes

United States Court of Appeals
for the Fifth Circuit

No. 19-40848
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Roberto Marcus Montes, Jr.,

Defendant—Appellant.

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:18-CR-287-1

Before Graves, Willett, and Duncan, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Roberto Marcus
Montes, Jr., 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). Montes has filed a response. The

*
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opinion should not be published and is not precedent except under the limited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
September 29, 2020

Lyle W. Cayce
Clerk
Case: 19-40848 Document: 00515582156 Page: 1 Date Filed: 09/29/2020

No. 19-40848
2
record is not sufficiently developed to allow us to make a fair evaluation of
Montes’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 Montes’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: 19-40848 Document: 00515582156 Page: 2 Date Filed: 09/29/2020