United States v. Nunez-Guerra

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-41030
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MELVIN EULISES NUNEZ-GUERRA, also known as Carlos Hernandez
Portillo,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:19-CR-1614-1

Before JONES, HIGGINSON, and WILLETT, Circuit Judges.
PER CURIAM:
*
The Federal Public Defender appointed to represent Melvin Eulises
Nunez-Guerra 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). Nunez-Guerra has filed a response.
The record is not sufficiently developed to allow us to make a fair evaluation of

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
May 28, 2020

Lyle W. Cayce
Clerk
Case: 19-41030 Document: 00515431781 Page: 1 Date Filed: 05/28/2020

No. 19-41030
2
Nunez-Guerra’s claim of ineffective assistance of counsel; we therefore decline
to consider the claim 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 Nunez-Guerra’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 5
TH CIR. R. 42.2.
Case: 19-41030 Document: 00515431781 Page: 2 Date Filed: 05/28/2020