United States v. Barreto

Case: 24-10947 Document: 50-1 Page: 1 Date Filed: 06/06/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-10947

Summary Calendar FILED ____________ June 6, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Humberto Barreto, Jr.,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 1:24-CR-2-1 ______________________________

Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Humberto Barreto, Jr., 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). Barreto has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Barreto’s claim of Case: 24-10947 Document: 50-1 Page: 2 Date Filed: 06/06/2025

No. 24-10947 ineffective assistance of 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 Barreto’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.