United States v. Deblasio

Case: 22-20642 Document: 00516842726 Page: 1 Date Filed: 08/01/2023

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

No. 22-20642

FILED August 1, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Michael Deblasio,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-457-1 ______________________________

Before Jones, Southwick, and Ho, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Michael Deblasio 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). Deblasio has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Deblasio’s claims of ineffective Case: 22-20642 Document: 00516842726 Page: 2 Date Filed: 08/01/2023

No. 22-20642 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 Deblasio’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, Deblasio’s motion for an extension to find and retain an attorney is DENIED, and the appeal is DISMISSED. See 5th Cir. R. 42.2.