United States v. Aguirre

Case: 24-10667 Document: 44-1 Page: 1 Date Filed: 03/20/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-10667

Summary Calendar FILED ____________ March 20, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Miguel Angel Aguirre,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:23-CR-121-5 ______________________________

Before King, Southwick, and Engelhardt, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Miguel Angel Aguirre 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). Aguirre has filed a response and an incorporated motion to appoint new counsel, which is DENIED. See United States v. Wagner, 158 Case: 24-10667 Document: 44-1 Page: 2 Date Filed: 03/20/2025

No. 24-10667

F.3d 901, 902-03 (5th Cir. 1998). The record is not sufficiently developed to allow us to make a fair evaluation of Aguirre’s claims of ineffective assistance of counsel; we therefore decline to consider the claims without prejudice to his ability to raise them on 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 Aguirre’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.