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

United States v. Hinojosa-Alvarez

United States v. Hinojosa-Alvarez
U.S. Court of Appeals for the Fifth Circuit · Decided September 22, 2022

United States v. Hinojosa-Alvarez

Opinion

Case: 22-40199 Document: 00516481472 Page: 1 Date Filed: 09/22/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 22-40199 September 22, 2022 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Victor Hinojosa-Alvarez, Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:20-CR-783-2

Before Smith, Dennis, and Southwick, Circuit Judges.

Per Curiam:* The attorney appointed to represent Hinojosa-Alvarez 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).

Hinojosa-Alvarez has filed a letter in the district court in response to

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 22-40199 Document: 00516481472 Page: 2 Date Filed: 09/22/2022

No. 22-40199

counsel’s motion. The record is not sufficiently developed to allow us to make a fair evaluation of Hinojosa-Alvarez’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 Hinojosa-Alvarez’s letter submitted to the district court. 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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