United States v. Aguilar

Case: 23-50824 Document: 53-1 Page: 1 Date Filed: 06/28/2024

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-50824

Summary Calendar FILED ____________ June 28, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Adrian Aguilar,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:22-CR-267-1 ______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Adrian Aguilar 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). Aguilar has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Aguilar’s claim of ineffective assistance of Case: 23-50824 Document: 53-1 Page: 2 Date Filed: 06/28/2024

No. 23-50824 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 Aguilar’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.