United States v. Garcia-Melchor

United States Court of Appeals
for the Fifth Circuit

No. 20-40286
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Gonzalo Garcia-Melchor,

Defendant—Appellant.

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:19-CR-320-1

Before Graves, Willett, and Duncan, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Gonzalo Garcia-
Melchor 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). Garcia-Melchor has filed a response. The record

*
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opinion should not be published and is not precedent except under the limited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
November 5, 2020

Lyle W. Cayce
Clerk
Case: 20-40286 Document: 00515627892 Page: 1 Date Filed: 11/05/2020

No. 20-40286
2
is not sufficiently developed to allow us to make a fair evaluation of Garcia-
Melchor’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 Garcia-Melchor’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: 20-40286 Document: 00515627892 Page: 2 Date Filed: 11/05/2020