United States v. Cardenas

Case: 24-40003 Document: 73-1 Page: 1 Date Filed: 03/14/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 24-40003 March 14, 2025 Summary Calendar

Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

Juan Cardenas,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:21-CR-90-2 ______________________________

Before Richman, Douglas, and Ramirez, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Juan Cardenas 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). Cardenas has filed a response and a supplemental response. The record is not sufficiently developed to allow us to make a fair evaluation of Cardenas’s Case: 24-40003 Document: 73-1 Page: 2 Date Filed: 03/14/2025

No. 24-40003 claims of ineffective assistance of counsel; we therefore decline to consider the claims 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 Cardenas’s responses. 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. Cardenas’s motions to strike counsel’s brief and appoint new counsel are DENIED.