United States v. Landa

Case: 22-50494 Document: 00516718183 Page: 1 Date Filed: 04/19/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 22-50494

Summary Calendar FILED ____________ April 19, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Thomas Landa,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:21-CR-329-1 ______________________________

Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Thomas Landa 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). Landa has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Landa’s claim of ineffective assistance of Case: 22-50494 Document: 00516718183 Page: 2 Date Filed: 04/19/2023

No. 22-50494 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 Landa’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. Landa’s motion for the appointment of new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).