United States v. Zuniga

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 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.