United States v. Aguilar

Case: 21-11013 Document: 00516329812 Page: 1 Date Filed: 05/23/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED May 23, 2022 No. 21-11013 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee, versus

Antonio Angulo Aguilar,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 2:20-CR-111-1

Before Higginbotham, Higginson, and Duncan, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Antonio Angulo Aguilar 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). Aguilar has filed a response. The record is not Case: 21-11013 Document: 00516329812 Page: 2 Date Filed: 05/23/2022

No. 21-11013 sufficiently developed to allow us to make a fair evaluation of Aguilar’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 Aguilar’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.