United States v. Garcia-Villasenor
United States v. Garcia-Villasenor
Opinion
Case: 22-40767 Document: 00516819696 Page: 1 Date Filed: 07/13/2023
United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit
No. 22-40767 FILED July 13, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Angel Garcia-Villasenor, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 7:21-CR-1649-1 ______________________________ Before King, Haynes, and Graves, Circuit Judges.
Per Curiam:* The attorney appointed to represent Angel Garcia-Villasenor 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). Garcia-Villasenor has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-40767 Document: 00516819696 Page: 2 Date Filed: 07/13/2023
No. 22-40767
therein, as well as the pro se arguments attached to Garcia-Villasenor’s notice of appeal.
We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. The record is not sufficiently developed to allow us to make a fair evaluation of Garcia-Villasenor’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). Accordingly, counsel’s 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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