USA v. Antonio Montes-Ruiz

Filing

UNPUBLISHED OPINION FILED. [15-41482 Dismissed as Frivolous] Judge: EGJ, Judge: JES, Judge: JEG. Mandate pull date is 01/05/2017 for Appellant Antonio Montes-Ruiz; granting motion to withdraw as counsel filed by Mr. Gaylon Perry Riddels [8107319-2]; denying motion to withdraw guilty plea filed by Appellant Mr. Antonio Montes-Ruiz [8317081-2], denying motion for evidentiary hearing filed by Appellant Mr. Antonio Montes-Ruiz [8317081-3] [15-41482]

Case: 15-41482

Document: 00513798462

Page: 1

Date Filed: 12/15/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-41482
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
December 15, 2016
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
ANTONIO MONTES-RUIZ, Also Known as Tonio,
Defendant–Appellant.

Appeals from the United States District Court
for the Eastern District of Texas
USDC No. 4:12-CR-19-16

Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Antonio Montes-Ruiz has moved for

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-41482

Document: 00513798462

Page: 2

Date Filed: 12/15/2016

No. 15-41482
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-Ruiz has filed a response and a motion to withdraw his guilty plea and
for an evidentiary hearing. The record is not sufficiently developed to allow us
to make a fair evaluation of Montes-Ruiz’s claims of ineffective assistance of
counsel or his claims that coercion or duress tainted his guilty plea; we therefore decline to consider the claims on direct review. See United States v. Isgar,
739 F.3d 829, 841 (5th Cir. 2014); United States v. Corbett, 742 F.2d 173, 176–
78 (5th Cir. 1984).
We have reviewed counsel’s brief, relevant portions of the record reflected therein, and Montes-Ruiz’s response and his 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,
counsel is excused from further responsibilities herein, and the appeal is
DISMISSED. See 5TH CIR. R. 42.2. Montes-Ruiz’s motion to withdraw his
guilty plea and for an evidentiary hearing, docketed as a motion for extraordinary relief, is DENIED.

2