United States v. Peralta

Case: 24-10982 Document: 49-1 Page: 1 Date Filed: 07/05/2025

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

No. 24-10982

FILED July 5, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Angelina Luna Peralta,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CR-630-19 ______________________________

Before Elrod, Chief Judge, and Smith and Graves, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Angelina Luna Peralta has moved for leave to withdraw and 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). Peralta filed a response. But the record is not sufficiently developed to allow us to make a fair evaluation of Peralta’s claim of Case: 24-10982 Document: 49-1 Page: 2 Date Filed: 07/05/2025

No. 24-10982 ineffective assistance of counsel; we therefore decline to consider that 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, including Peralta’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.

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.