U.S. Court of Appeals for the Fifth Circuit, 2023

United States v. Najera

United States v. Najera
U.S. Court of Appeals for the Fifth Circuit · Decided August 21, 2023

United States v. Najera

Opinion

Case: 22-50995 Document: 00516865662 Page: 1 Date Filed: 08/21/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50995 Summary Calendar FILED ____________ August 21, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Christopher Najera, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 7:22-CR-43-1 ______________________________ Before Davis, Haynes, and Ho, Circuit Judges.

Per Curiam: * The attorney appointed to represent Christopher Najera 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). Najera has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Najera’s claims of _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-50995 Document: 00516865662 Page: 2 Date Filed: 08/21/2023

No. 22-50995

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 Najera’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.

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