U.S. Court of Appeals for the Fifth Circuit, 2022

United States v. Aguilar Mateo

United States v. Aguilar Mateo
U.S. Court of Appeals for the Fifth Circuit · Decided June 17, 2022

United States v. Aguilar Mateo

Opinion

Case: 21-11158 Document: 00516360857 Page: 1 Date Filed: 06/17/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 17, 2022 No. 21-11158 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Cesar Geovanny Aguilar Mateo, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CR-500-2

Before Higginbotham, Higginson, and Duncan, Circuit Judges.

Per Curiam:* The attorney appointed to represent Cesar Geovanny Aguilar Mateo 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 Mateo has filed a response and moves for the

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 21-11158 Document: 00516360857 Page: 2 Date Filed: 06/17/2022

No. 21-11158

appointment of new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Aguilar Mateo’s claims of ineffective assistance of counsel; we therefore decline to consider the claims 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 Mateo’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. Aguilar Mateo’s motion for the appointment of new counsel is DENIED.

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