United States v. Hernandez

Case: 25-50224 Document: 39-1 Page: 1 Date Filed: 11/17/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 25-50224

Summary Calendar FILED ____________ November 17, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Gilberto Hernandez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-734-1 ______________________________

Before Elrod, Chief Judge, and Higginson and Ramirez, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Gilberto Hernandez 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). Hernandez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Hernandez’s claims of Case: 25-50224 Document: 39-1 Page: 2 Date Filed: 11/17/2025

No. 25-50224 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). Hernandez’s request for substitute counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Hernandez’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.