United States v. Portillo
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 9, 2026
Docket26-40204
StatusUnpublished
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Full Opinion
Case: 26-40204 Document: 65-1 Page: 1 Date Filed: 11/09/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-40204 November 9, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Marvin Alexander Portillo,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:23-CR-269-23
______________________________
Before Willett, Duncan, and Engelhardt, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Marvin Alexander Portillo 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). Portillo has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Portillo’s claims of
ineffective assistance of counsel; we therefore decline to consider the claims
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-40204 Document: 65-1 Page: 2 Date Filed: 11/09/2026
No. 26-40204
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 Portillo’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 5th Cir. R. 42.2.
2