United States v. Mireles

Case: 21-51162 Document: 00516379995 Page: 1 Date Filed: 07/01/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals

Fifth Circuit FILED

July 1, 2022

No. 21-51162

Lyle W. Cayce

Summary Calendar

Clerk United States of America,

Plaintiff—Appellee, versus

Israel Mireles,

Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas No. 7:21-CR-188-1

Before Smith, Stewart, and Graves, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Israel Mireles has moved to with- draw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Mireles has filed responses.

Case: 21-51162 Document: 00516379995 Page: 2 Date Filed: 07/01/2022

No. 21-51162

The record is not sufficiently developed for a fair evaluation of Mir- eles’s claims of ineffective assistance of counsel; we therefore decline to con- sider them without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief, relevant portions of the record, and Mireles’s responses. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2. Mireles’s motion for appointment of counsel is DENIED. See United States v. Wag- ner, 158 F.3d 901, 902–03 (5th Cir. 1998).