United States v. Rivas-Chairez

Case: 23-10550 Document: 43-1 Page: 1 Date Filed: 03/01/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 23-10550 March 1, 2024 Summary Calendar

Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

Jose Carlos Rivas-Chairez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:22-CR-288-1 ______________________________

Before Willett, Duncan, and Ramirez, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Jose Carlos Rivas-Chairez 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). Rivas-Chairez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Rivas-Chairez’s Case: 23-10550 Document: 43-1 Page: 2 Date Filed: 03/01/2024

No. 23-10550 claim of ineffective assistance of counsel; we therefore decline to consider the claim 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 Rivas-Chairez’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.