United States v. Hernandez

Case: 21-11219 Document: 00516367716 Page: 1 Date Filed: 06/23/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 23, 2022 No. 21-11219

Lyle W. Cayce Summary Calendar

Clerk

United States of America,

Plaintiff—Appellee, versus

Carlos Michael Hernandez,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:21-CR-19-1

Before Southwick, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Carlos Michael Hernandez 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). Hernandez has filed a response. The record is not Case: 21-11219 Document: 00516367716 Page: 2 Date Filed: 06/23/2022

No. 21-11219 sufficiently developed to allow us to make a fair evaluation of Hernandez’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 Hernandez’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.