United States v. Farooq

Case: 23-10641 Document: 00517055736 Page: 1 Date Filed: 02/05/2024

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-10641

Summary Calendar FILED ____________ February 5, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Asem Farooq,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-28-1 ______________________________

Before Willett, Duncan, and Ramirez, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Asem Farooq 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). Farooq has filed a response and moves for the appointment of new appellate counsel. The record is not sufficiently developed to allow us to make a fair Case: 23-10641 Document: 00517055736 Page: 2 Date Filed: 02/05/2024

No. 23-10641 evaluation of Farooq’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 brief and the relevant portions of the record reflected therein, as well as Farooq’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. Farooq’s motion for the appointment of new appellate counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).