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

United States v. Zuniga

United States v. Zuniga
U.S. Court of Appeals for the Fifth Circuit · Decided June 28, 2022

United States v. Zuniga

Opinion

Case: 21-11210 Document: 00516374544 Page: 1 Date Filed: 06/28/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 28, 2022 No. 21-11210 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Andrew Ray Zuniga, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:21-CR-19-2

Before Smith, Stewart, and Graves, Circuit Judges.

Per Curiam:* The attorney appointed to represent Andrew Ray Zuniga 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). Zuniga has filed a response. The record is not sufficiently

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-11210 Document: 00516374544 Page: 2 Date Filed: 06/28/2022

No. 21-11210

developed to allow us to make a fair evaluation of Zuniga’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 Zuniga’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.

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