United States v. Filos

Case: 24-30006 Document: 68-1 Page: 1 Date Filed: 01/08/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 24-30006

FILED January 8, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Marco Antonio Filos,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:22-CR-68-4 ______________________________

Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Marco Filos moves 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). Filos has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Filos’s claims of ineffective assistance of counsel; we therefore Case: 24-30006 Document: 68-1 Page: 2 Date Filed: 01/08/2025

No. 24-30006 decline to consider the claims, without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). Moreover, Filos’s challenges to his sentence are barred by his valid appellate waiver. See United States v. McKinney, 406 F.3d 744, 746 (5th Cir. 2005); United States v. Baty, 980 F.2d 977, 979 (5th Cir. 1992).

We have reviewed counsel’s brief, relevant portions of the record, and Filos’s response. We concur with counsel’s assessment that the appeal pre- sents no nonfrivolous issue for appellate review. Accordingly, the motion to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.