United States v. Reyna
United States v. Reyna
Opinion
Case: 21-11118 Document: 00516316447 Page: 1 Date Filed: 05/12/2022
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 21-11118 May 12, 2022 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Eliseo Antonio Reyna, Defendant—Appellant.
Appeal from the United States District Court for the Northern District of Texas No. 1:20-CR-30-1
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:* The attorney appointed to represent Eliseo Reyna has moved to with- draw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Reyna has filed a response.
* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum- stances set forth in 5th Circuit Rule 47.5.4.
Case: 21-11118 Document: 00516316447 Page: 2 Date Filed: 05/12/2022
No. 21-11118
The record is insufficiently developed to permit consideration of Reyna’s contention that his guilty plea was made under coercion. See United States v. Corbett, 742 F.2d 173, 176–78 (5th Cir. 1984). Such a claim may be raised in a 28 U.S.C. § 2255 motion. Corbett, 742 F.2d at 178 n.11. For the same reason, we decline to consider Reyna’s claims of ineffective assistance of counsel, but without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsel’s brief, relevant portions of the record, and Reyna’s response. We concur with counsel’s assessment that the appeal pre- sents no nonfrivolous issue for appellate review. Accordingly, the motion to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.
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