United States v. Gonzalez-Urbina
United States v. Gonzalez-Urbina
Opinion
Case: 23-10898 Document: 68-1 Page: 1 Date Filed: 08/07/2024
United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10898 Summary Calendar FILED ____________ August 7, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Jesus Gonzalez-Urbina, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-88-1 ______________________________ Before Smith, Stewart, and Duncan, Circuit Judges.
Per Curiam: * The attorney appointed to represent Jesus Gonzalez-Urbina has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Gonzalez-Urbina has filed a response that includes a motion for the appointment of substitute counsel. That motion is DENIED. See _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-10898 Document: 68-1 Page: 2 Date Filed: 08/07/2024
No. 23-10898
United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). To the extent Gonzalez-Urbina seeks to raise claims of ineffective assistance of counsel, we pretermit such claims without prejudice to collateral review because the record is not sufficiently developed to allow us to make a fair evaluation of them. 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 Gonzalez-Urbina’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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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