United States v. Tristan

Case: 23-10220 Document: 00516930372 Page: 1 Date Filed: 10/13/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-10220

Summary Calendar FILED ____________ October 13, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Henry Florencio Tristan,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 1:22-CR-53-1 ______________________________

Before Higginbotham, Stewart, and Southwick, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Henry Florencio Tristan 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). Tristan has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Tristan’s claims of Case: 23-10220 Document: 00516930372 Page: 2 Date Filed: 10/13/2023

No. 23-10220 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 Tristan’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.