United States v. Patel

Case: 21-20568 Document: 00516867160 Page: 1 Date Filed: 08/22/2023

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

No. 21-20568

FILED August 22, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Hitesh Madhubhai Patel,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:16-CR-385-7 ______________________________

Before Higginbotham, Stewart, and Elrod, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Hitesh Madhubhai Patel has moved for leave to withdraw and has filed a brief and supplemental brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Patel has filed a response to the original brief. The record is not sufficiently developed to allow us to make a Case: 21-20568 Document: 00516867160 Page: 2 Date Filed: 08/22/2023

No. 21-20568 fair evaluation of Patel’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 briefs and the relevant portions of the record reflected therein, as well as Patel’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.