United States v. Espinoza-Salamanca

Case: 24-10344 Document: 49-1 Page: 1 Date Filed: 01/15/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-10344

Summary Calendar FILED ____________ January 15, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Eloy Espinoza-Salamanca,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:21-CR-283-1 ______________________________

Before Elrod, Chief Judge, and Haynes and Duncan, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Eloy Espinoza-Salamanca 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). Espinoza-Salamanca has not filed a response. Insofar as the notice of appeal may be raising a claim of ineffective assistance of counsel, Case: 24-10344 Document: 49-1 Page: 2 Date Filed: 01/15/2025

No. 24-10344 the record is not sufficiently developed to allow us to make a fair evaluation of the claim; 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. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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.