Summary
**United States v. Pacheco-Ortuna, 5th Cir. 2021 (unpublished).** Anders appeal dismissed as frivolous; counsel’s motion to withdraw granted. Ineffective-assistance-of-counsel claims declined on direct appeal due to insufficient record, without prejudice to collateral review under *United States v. Isgar*.
Court
United States Court of Appeals for the Fifth Circuit
Writing for the Court
Per Curiam; Graves, Willett, and Duncan
Jurisdiction
Federal
Decision date
January 28, 2021
Docket number
20-40471
Procedural posture
Appeal from the United States District Court for the Eastern District of Texas, USDC No. 4:19-CR-172-1. The Federal Public Defender filed an Anders motion to withdraw.
Precedential value
unpublished
Parties
Jose Guadalupe Pacheco-Ortuna v. United States of America
Disposition
dismissed
Topics
criminal procedureappellate procedureineffective assistanceright to counsel
Practice areas
Criminal LawAppellate Procedure
Questions Presented
- Whether the appeal presents any nonfrivolous issue for appellate review
- Whether the defendant's ineffective assistance of counsel claims can be considered on direct appeal
Holdings
- The appeal presents no nonfrivolous issue for appellate review.
- The record is not sufficiently developed to allow a fair evaluation of the ineffective assistance claims; the court declines to consider them without prejudice to collateral review.
Key quotations
“The record is not sufficiently developed to allow us to make a fair evaluation of Pacheco-Ortuna’s claims of ineffective assistance of counsel; we therefore decline to consider the claims without prejudice to collateral review.” (2)
“We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.” (2)
Factual background
The appeal arises from a criminal conviction in the Eastern District of Texas. The underlying facts are not detailed in this opinion.
Procedural history
The defendant was convicted in the district court. He appealed, and appointed counsel filed an Anders brief asserting no nonfrivolous issues.
Court Document
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