United States v. Gonzalez-Urbina

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 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.