United States v. Rodriguez

Case: 23-40201 Document: 81-1 Page: 1 Date Filed: 06/14/2024

United States Court of Appeals for the Fifth Circuit

____________ United States Court of Appeals

Fifth Circuit

No. 23-40201

FILED June 14, 2024

Summary Calendar

____________ Lyle W. Cayce

Clerk United States of America,

Plaintiff—Appellee, versus

Manuel Enrique Ayala Rodriguez,

Defendant—Appellant.

______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:20-CR-786-10 ______________________________

Before Smith, Higginson, and Engelhardt, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Manuel Ayala Rodriguez has moved to withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Ayala Rodriguez has filed a response.

Case: 23-40201 Document: 81-1 Page: 2 Date Filed: 06/14/2024

No. 23-40201

The record is not sufficiently developed to allow us to make a fair evaluation of Ayala Rodriguez’s claims of ineffective assistance of counsel and prosecutorial misconduct; we therefore decline to consider the claims, but without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014); United States v. Corbett, 742 F.2d 173, 176–78 (5th Cir. 1984).

We have reviewed counsel’s brief, relevant portions of the record, and Ayala Rodriguez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.

Accordingly, the motion to appoint new counsel is DENIED, the motion to withdraw is GRANTED, counsel is excused from further respon- sibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.