United States v. Torres-Gaitan

Case: 23-20012 Document: 00516813717 Page: 1 Date Filed: 07/07/2023

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

FILED July 7, 2023 No. 23-20012

Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee, versus

Manuel Torres-Gaitan,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:21-CR-478-1 ______________________________

Before Higginbotham, Stewart, and Southwick, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Manuel Torres-Gaitan 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). Torres-Gaitan has filed responses. The record is not sufficiently developed to allow us to make a fair evaluation of Torres- Case: 23-20012 Document: 00516813717 Page: 2 Date Filed: 07/07/2023

No. 23-20012

Gaitan’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 Torres-Gaitan’s responses. 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.