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

United States v. Galicia

United States v. Galicia
U.S. Court of Appeals for the Fifth Circuit · Decided October 3, 2023

United States v. Galicia

Opinion

Case: 23-40088 Document: 00516917222 Page: 1 Date Filed: 10/03/2023

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

No. 23-40088 FILED October 3, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Edwin Pedro Galicia, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:20-CR-63-10 ______________________________ Before Wiener, Stewart, and Douglas, Circuit Judges.

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

Case: 23-40088 Document: 00516917222 Page: 2 Date Filed: 10/03/2023

No. 23-40088

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 Galicia’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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