United States v. Guzman

Case: 22-10448 Document: 00516775176 Page: 1 Date Filed: 06/05/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 22-10448

Summary Calendar FILED ____________ June 5, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Albert Guzman,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 1:21-CR-43-1 ______________________________

Before Stewart, Duncan, and Wilson, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Albert Guzman 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). Guzman has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Guzman’s claims of ineffective Case: 22-10448 Document: 00516775176 Page: 2 Date Filed: 06/05/2023

No. 22-10448 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 Guzman’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. Guzman’s request for the appointment of substitute counsel is DENIED as untimely. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). His requests for an extension of time to file an additional response are also DENIED.