USA v. Fidel Mendez-Hernandez


UNPUBLISHED OPINION FILED. [16-51127 Dismissed as Frivolous 16-51129 Dismissed as Frivolous] Judge: EHJ, Judge: JLW, Judge: EBC. Mandate pull date is 05/23/2017 for Appellant Fidel Mendez-Hernandez; granting motion to withdraw as counsel filed by Ms. Judy Fulmer Madewell [8385603-2] [16-51127, 16-51129]

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Case: 16-51127 Document: 00513975456 Page: 1 Date Filed: 05/02/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-51127 Summary Calendar United States Court of Appeals Fifth Circuit FILED May 2, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FIDEL MENDEZ-HERNANDEZ, also known as Fidel Mendez Hernandez, Defendant-Appellant Cons. w/ No. 16-51129 UNITED STATES OF AMERICA, Plaintiff-Appellee v. FIDEL MENDEZ-HERNANDEZ, also known as Miguel Mendez Hernandez, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 1:16-CR-134-1 USDC No. 1:13-CR-179-1 Case: 16-51127 Document: 00513975456 Page: 2 Date Filed: 05/02/2017 No. 16-51127 Cons w/ No. 16-51129 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Fidel MendezHernandez 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). Mendez-Hernandez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of MendezHernandez’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 Mendez-Hernandez’s response. We concur with counsel’s assessment that the appeals present no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEALS ARE DISMISSED. See 5TH CIR. R. 42.2. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * 2

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