UNITED STATES OF AMERICA v. ANTONIO MONTES RUIZ (2016)

The attorney appointed to represent Antonio Montes-Ruiz 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-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.

PER CURIAM:*