Opinion
21-10313 21-10965
10-21-2021
United States of America, Plaintiff-Appellee, v. Luis Gonzales, Defendant-Appellant.
Appeals from the United States District Court for the Northern District of Texas USDC No. 5:19-CR-142-5.
Before Higginbotham, Higginson, and Duncan, Circuit Judges.
Per Curiam:[*]
The attorney appointed to represent Luis Gonzales 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).
Gonzales has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Gonzales'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 Gonzales'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. Gonzales's motion for the appointment of new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.